Positive Action in Employment: What UK Businesses Need to Know

As a UK business owner, you probably want your workplace to be fair, welcoming and full of opportunity. But how can you level the playing field for everyone, support underrepresented groups, and still stay legally compliant? This is where the concept of positive action (sometimes called “positive active” steps) comes in.

If you’re aiming to build a more diverse, inclusive workforce, understanding positive action is essential. These are practical measures to help disadvantaged groups-without risking accusations of positive discrimination or falling foul of employment law.

Getting positive active steps right can boost your reputation, attract the best talent, and even protect you from unwanted legal claims. But misinterpreting the rules can lead to expensive mistakes. That’s why legal clarity is so important.

In this guide, we’ll make sense of positive action for UK employers-what it is, why it matters, and how to apply it with confidence. Keep reading to learn how to put equality-driven policies into action while staying on the right side of the law.

What Is Positive Action in Employment?

Before you consider updating your recruitment or workplace policies, let’s break down what positive action actually means. In plain English, positive action is where an employer takes measures to encourage and support people from groups who are underrepresented or disadvantaged-but only within the law.

The idea is to “level the playing field”, not to give unfair preference or discriminate against others. Positive action is permitted (and even encouraged) in UK law, but it’s different from positive discrimination, which is generally unlawful except in very specific situations.

Some examples of positive action in employment could include:

• Offering training, mentoring, or work experience schemes for disabled people or other disadvantaged groups
• Encouraging job applications from women in male-dominated fields (like engineering or construction)
• Providing targeted outreach in recruitment advertising (“we welcome applications from Black, Asian, and Minority Ethnic candidates”)
• Supporting older workers to reskill or retrain

It’s all about removing barriers to success-but not about guaranteeing jobs or promotions just because someone belongs to a certain group. It’s crucial to understand the difference, so you can avoid accidentally breaking the law.

Why Does Positive Action Matter for UK Employers?

Inclusive workplaces aren’t just good for social responsibility-they deliver clear commercial benefits too. Here’s why embedding positive active measures could be great for your business:

• Wider Talent Pool: Attracting applicants from underrepresented groups opens up access to a bigger range of skills and perspectives.
• Better Staff Retention: Employees are more likely to stay where they feel valued, supported and respected.
• Improved Reputation: Being known as an inclusive employer can help you win more customers and stand out for all the right reasons.
• Reduced Risk of Claims: Correctly using positive action helps promote equality without risking accusations of unlawful discrimination or breaches of the Equality Act 2010.

Legal compliance is the key to unlocking these benefits-so let’s look at what the law says.

What Does UK Law Say About Positive Action?

The legal foundation for positive action in employment comes from the Equality Act 2010. This Act sets out what’s allowed (and not allowed) for UK businesses trying to promote equal opportunities.

Under the Equality Act, employers can take certain steps to support people who:

• Share a “protected characteristic” (like age, disability, race, religion, sex, sexual orientation, etc.)
• Are at a disadvantage linked to that characteristic, or
• Are underrepresented in a particular activity or sector

The law allows proportionate measures to tackle disadvantage-so long as these steps don’t unlawfully discriminate against others.

What Counts as Positive Action (Versus Positive Discrimination)?

This is where things can get tricky. Positive action is permitted by law-but there are clear boundaries. Let’s clarify what counts as positive action, and what crosses the line into unlawful conduct.

Permitted Positive Action

It’s legal to:

• Target outreach or development opportunities at underrepresented groups
• Offer additional support (e.g. internships, training, mentoring) for people facing disadvantage
• Encourage applications from specific groups, as long as all applications are assessed fairly

All applicants must be judged on merit, and no one should be appointed purely because they belong to a protected group.

What’s NOT Allowed (Positive Discrimination)

UK law does not allow you to:

• Give someone a job or promotion solely because of their protected characteristic (over better-qualified candidates)
• Set quotas or guarantee jobs to certain groups
• Lower your usual standards (e.g. fitness tests, qualifications) for only some groups

A narrow exemption exists for “tie-break situations” (see below), but generally, selection must always be on merit.

For a more in-depth look at employer duties and compliance, see our guide on core employment laws for UK employers.

How Does Positive Action Work in Recruitment?

Most businesses encounter positive action first at the recruitment stage. If you want to lawfully encourage applications from people with a protected characteristic, you must follow some essential rules:

• Advertisements can encourage applications from disadvantaged or underrepresented groups (but must be open to all suitable candidates)
• Shortlisting and selection must always be based on skills and experience, not just group membership
• If two candidates are “as qualified as each other”, you may choose the one from the underrepresented group-but only if you have objective evidence of underrepresentation and you don’t have a policy of always doing this

This last point is often called the “tie-break provision” under s.159 of the Equality Act 2010. It’s only lawful if:

• The candidates are genuinely equally qualified
• You don’t have a blanket or automatic policy for these situations
• You don’t discriminate against others or ignore any legal obligations

Want to make sure your recruitment processes are on the right side of the law? Our guide to building fair recruitment processes breaks down the essentials, including positive action tips.

What Steps Can Businesses Take to Implement Positive Action?

If you want to introduce positive active steps in your workplace, you’ll need a careful, well-documented approach. Here are some key actions to consider:

1. Identify Disadvantage or Underrepresentation: Use recruitment data, staff surveys, or industry benchmarks to spot groups who face barriers or are underrepresented in your sector.
2. Tailor Your Initiatives: Design development programmes, outreach events, or training to address specific disadvantages (for example, offering IT training for older workers or work experience for young people).
3. Document Your Reasoning: Keep clear, up-to-date records to show the evidence behind your positive action policies. This will help demonstrate your actions are justified and proportionate.
4. Apply Measures Proportionately: Don’t overstep-make sure your positive action is relevant to the problem and doesn’t disadvantage others.
5. Review Regularly: Monitor outcomes, gather feedback, and adjust your policy to strike the right balance.

Remember-getting this right protects your business as well as promoting inclusion. If you’re facing complex employment decisions, consider getting tailored legal advice to make sure your process is robust and defensible. Our employment law insights can help you avoid common pitfalls.

What Legal Documents and Policies Should You Have?

Having the right workplace policies in place makes your positive action strategy clear and transparent. Consider implementing:

• Diversity and Inclusion Policy: Set out your commitment to equal opportunity and diversity, with reference to positive action measures.
• Equal Opportunities Policy: Clearly define your approach to fair recruitment, training, promotion, and workplace culture.
• Recruitment and Selection Policy: State how you’ll encourage applications from underrepresented groups without compromising fairness or meritocracy.
• Staff Training Documents: Support your policies with practical training for managers and anyone involved in hiring.

All employment policies should be professionally drafted and tailored to your business’s particular size, sector and needs. This ensures legal compliance and practical effectiveness-avoid relying on generic templates. If you need help with bespoke employment policies, our experts can draft and review staff handbooks and HR documents.

Common Challenges and How To Avoid Legal Risks

Positive active steps are powerful, but there are some common areas where employers slip up:

• Misunderstanding the line between positive action and unlawful discrimination
• Setting hard quotas for hiring or promotion based on protected characteristics (generally not allowed)
• Failing to record evidence justifying their initiatives
• Not training staff on how positive action works-or why they’re doing it
• Ignoring the “tie-break” rules in recruitment

The consequences for getting it wrong can include Employment Tribunal claims, significant reputational harm, or even criminal sanctions in rare cases. Proactive legal advice helps you sidestep these hazards-and build trust both within your business and with the wider public.

It’s also vital to understand your other employment law duties, from contracts and handbooks to fair disciplinary processes, to create a culture where diversity and equal opportunity genuinely flourish.

Are There Any Special Cases or Broader Initiatives?

For most small businesses, positive action means small, targeted initiatives: mentoring, outreach, staff development, or fairer recruitment. But there are other scenarios:

• Public Sector Duties: Government and public employers have additional obligations under the Public Sector Equality Duty (PSED). These go beyond what’s usually required for private businesses.
• Large Employer Programs: Some bigger businesses introduce multi-stage talent pipelines or partnerships with community groups-these need careful planning and legal checks.
• National Campaigns: Industry-wide approaches-such as targeting more women into STEM careers-are usually positive action, not discrimination. But your business should still keep clear evidence for any steps you take.

Thinking about wider diversity goals in your sector? You’ll need a robust legal framework for your activities, and regular reviews to ensure continued compliance as your efforts expand.

If you are unsure about whether a proposed programme crosses the line, it’s a good idea to talk to an employment law expert before launching it.

Key Takeaways: Positive Action and the Law

• Positive action (sometimes called positive active steps) lets you encourage and support underrepresented or disadvantaged groups-when done lawfully.
• You must not appoint, promote, or favour staff solely because they belong to a protected group-merit-based selection still rules.
• Be proactive: gather evidence, design targeted and proportionate initiatives, and document your reasoning for any positive action measures.
• Include clear, tailored workplace policies-such as diversity, equal opportunities, and recruitment rules-to embed your approach.
• Always stay within the boundaries of the Equality Act 2010-when in doubt, seek legal guidance to avoid slipping into positive discrimination.

Need Help With Positive Action or Equal Opportunities?

If you’d like tailored legal guidance on introducing positive active steps in your workplace, reviewing your HR policies, or handling recruitment fairly, Sprintlaw’s employment experts are here to help. You can reach us at 08081347754 or team@sprintlaw.co.uk for a free, no-obligation chat.

From policy reviews to practical advice about positive action, we’re ready to help you build a more inclusive-and legally protected-business, right from day one.