C1Part 11Advancement of equality

Annotations:
Modifications etc. (not altering text)

Chapter 2Positive action

C3158Positive action: general

1

This section applies if a person (P) reasonably thinks that—

a

persons who share a protected characteristic suffer a disadvantage connected to the characteristic,

b

persons who share a protected characteristic have needs that are different from the needs of persons who do not share it, or

c

participation in an activity by persons who share a protected characteristic is disproportionately low.

2

This Act does not prohibit P from taking any action which is a proportionate means of achieving the aim of—

a

enabling or encouraging persons who share the protected characteristic to overcome or minimise that disadvantage,

b

meeting those needs, or

c

enabling or encouraging persons who share the protected characteristic to participate in that activity.

3

Regulations may specify action, or descriptions of action, to which subsection (2) does not apply.

4

This section does not apply to—

a

action within section 159(3), or

b

anything that is permitted by virtue of section 104.

5

If section 104(7) is repealed by virtue of section 105, this section will not apply to anything that would have been so permitted but for the repeal.

6

This section does not enable P to do anything that is prohibited by or under an enactment other than this Act.

I1C2C4159Positive action: recruitment and promotion

1

This section applies if a person (P) reasonably thinks that—

a

persons who share a protected characteristic suffer a disadvantage connected to the characteristic, or

b

participation in an activity by persons who share a protected characteristic is disproportionately low.

2

Part 5 (work) does not prohibit P from taking action within subsection (3) with the aim of enabling or encouraging persons who share the protected characteristic to—

a

overcome or minimise that disadvantage, or

b

participate in that activity.

3

That action is treating a person (A) more favourably in connection with recruitment or promotion than another person (B) because A has the protected characteristic but B does not.

4

But subsection (2) applies only if—

a

A is as qualified as B to be recruited or promoted,

b

P does not have a policy of treating persons who share the protected characteristic more favourably in connection with recruitment or promotion than persons who do not share it, and

c

taking the action in question is a proportionate means of achieving the aim referred to in subsection (2).

5

“Recruitment” means a process for deciding whether to—

a

offer employment to a person,

b

make contract work available to a contract worker,

c

offer a person a position as a partner in a firm or proposed firm,

d

offer a person a position as a member of an LLP or proposed LLP,

e

offer a person a pupillage or tenancy in barristers' chambers,

f

take a person as an advocate's devil or offer a person membership of an advocate's stable,

g

offer a person an appointment to a personal office,

h

offer a person an appointment to a public office, recommend a person for such an appointment or approve a person's appointment to a public office, or

i

offer a person a service for finding employment.

6

This section does not enable P to do anything that is prohibited by or under an enactment other than this Act.