1. Questionnaire on Use of the Positive Action Provisions in the Equality Act 2010

You are being invited to take part in a research study being carried out by the Forum for Research into Equality and Diversity based within the University of Chester (www.chester.ac.uk/FRED).  Before you decide, it is important for you to understand why the research is being done and what it will involve.  Please take time to read carefully the Participant Information Sheet provided to you and discuss it with others if you wish.  Please contact us if there if anything that is not clear or if you would like more information.  Take time to decide whether or not you wish to take part. Completion and submission of the questionnaire will be taken as your informed consent to participate
What is the Purpose of the Study?
This research will explore use of the positive action provisions under sections 158 and 159 of the Equality Act 2010 in relation to employment in both the public, private and voluntary sector. 

Section 158 provides that the Act does not prohibit 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/or meet their particular needs. It will, for example, allow measures to be targeted to particular protected groups, including training to enable them to gain employment. Any such measures must be limited to those which are needed to achieve one of the stated aims. The protected groups are defined by reference to the following protected characteristics as defined in section 4 of the Act i.e.: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. 

Section 159 of the Act introduces a new, specific exemption, for positive action in relation to recruitment and promotion. Section 159 permits (but does not require) an employer to take a protected characteristic into consideration when deciding whom to recruit or promote, where people having the protected characteristic are at a disadvantage or are under-represented. This allows an employer trying to address under-representation to give weight to the relevant protected characteristic where two candidates otherwise appear equally strong.
There is a lack of research looking at the practical implications of these laws. Whilst obviously it is preferred that participants will answer the questions provided, none of the questions are compulsory.

A written report will be produced at the end of the project with the potential of future publications and feed in to national and European dialogue on this issue. 

Before completing this questionnaire, it is important to read the above in order to understand the nature of the positive action provisions being discussed below. Prior to completing you should also follow the link to and read the Participant Information Sheet for this research which can be found at Participant Information Sheet.


Question Title

* 8. Whether or not you have used or anticipate using the positive action provisions of the Equality Act 2010, do you consider that the provisions are necessary to alleviate disadvantage in the UK?

Thank you! You have now completed the questionnaire. If you would like to discuss this questionnaire further please contact chantal.davies@chester.ac.uk.

If you are interested in participating further in this research please contact chantal.davies@chester.ac.uk for further information.