Question

To ask the Minister for Women and Equalities, what assessment she has made of the adequacy of section 159 of the Equality Act 2010 in the context of access to recruitment opportunities for white, working-class boys.

Section 158 of the Equality Act 2010 permits the use of positive action measures to alleviate disadvantage experienced by people who share a protected characteristic, reduce their under-representation in relation to particular activities, and meet their particular needs. It allows measures to be targeted to particular groups, including internships and training, to enable them to gain employment.

Section 159 permits an employer to take a protected characteristic into consideration when deciding whom to recruit or promote, where people who hold the protected characteristic are at a disadvantage or are under-represented. This can only be done where the candidates are as qualified as each other. The question of whether one person is as qualified as another is not a matter only of academic qualification, but a judgement based on the criteria the employer uses to establish who is best for the job. This could include matters such as suitability, competence and professional performance. Section 159 does not allow employers to have a policy or practice of automatically treating people who share a protected characteristic more favourably than those who do not have it in these circumstances; each case must be considered on its merits.

Any action taken in light of either Section 158 or 159 must be a proportionate means of addressing such disadvantage or under-representation. The Equality Act 2010 provides protections for people from discrimination in the workplace and in society which make it unlawful to treat someone unfairly or discriminate against anyone based on certain personal characteristics. This includes race and ethnicity. Guidance to help employers understand the difference between positive action and positive discrimination is available on gov.uk at www.gov.uk/government/publications/positive-action-in-the-workplace-guidance-for-employers. There are currently no plans to issue further guidance on positive action.

The Department for Education is working on a number of initiatives and schemes to provide young people with a clear progression into further work-based training and employment.