Positive Action

As of April 2011, employers will be able to take ‘Positive Action’ under the Equality Act when recruiting or promoting those with protected characteristics.

This essentially means that employers will be protected from Employment Tribunal claims if they choose to promote or recruit someone with a protected characteristic who has the same qualifications and experience as someone who does not have a protected characteristic.

This sounds good in theory but raises the simple question of how can two people share exactly the same qualifications and experience? The complexities involved in answering this questionmay result in employers choosing not to exercise their permissive right to do this. 

For more information, contact Kerrie Hunt or Jeremy Nixon.

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Thrings Solicitors

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