Unlawful positive discrimination when recruiting staff

Stacie Cheadle, Croner-i technical writer, looks at positive action and how employers can stay on the right side of the law

In recent months, the use of positive action within the NHS and the police, where ethnic minority candidates have reportedly been given priority in recruitment, has been in the headlines.

Whilst the law allows for under-represented groups to be given priority in certain circumstances, there is a fine line between this and unlawful positive discrimination.  

My client runs a small charity working with families in the area local to it. They currently have a vacancy, and they would like to fill it with someone from the same ethnic minority as many of the families they support. How can they do this without falling foul of the Equality Act 2010 (EqA) and its prohibition on discrimination?

Your free features:

  • Breaking news and expert analysis
  • Customisable daily newsletters
  • Six free CPD learning modules each year
  • Personalised CPD tracker
  • Top 75 Firms league tables
  • Regulatory changes
  • Hardman’s Tax Data

Sign up to Business & Accountancy Daily

Related Articles
Subscribe