Positive action 

This section provides general information on employment law. If you have specific questions, you should seek legal advice from a lawyer or trade union.

WorkLine offers advice on the website, through a confidential phone number or email. The service is sponsored by the UK Film Council and Women in Film and Television, and supported by Goodman Derrick LLP (Employment Lawyers).

The information in this section of the Diversity Toolkit has been compiled by Croner, an organisation providing information, advice and support in the areas of employment, health and safety and environmental compliance. 

Positive discrimination is unlawful, which means that it is not legal to treat someone more favourably on the grounds of their sex, race, religion, or on grounds of other 'protected' characteristics. This is the general principle of discrimination legislation.

However there limited circumstances where is it possible provide training and or encouragement aimed at specific groups. for example, where it can be demonstrated that certain groups are under-represented in particular types of work, then it is possible to provide training and/or encouragement to help them compete for jobs in that area. This is what is termed as 'positive action'.

Such measures often provide qualifications and work experience in the area of under-representation and encouragement is often in the form of statements on job adverts welcoming applications from particular groups because of their under-representation. 

Discrimination must not take place during the selection process for a job as this would be 'positive discrimination' and would be unlawful. 

The position in relation to disability differs - it is not unlawful to discriminate in favour of someone because of their disability. In fact, the law says that employers have duty to make 'reasonable adjustments' to accommodate a disabled person's disability.