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How can Employers use the “Tie Breaker” Exemption to Improve Diversity?

In this second video of our Positive Action Series, our Senior Consultant Pia Sanchez and Associate Pooja Dasgupta explain the tie breaker exemption under Section 159 of the Equality Act 2010, which enables employers to take positive action for the recruitment and promotion of disadvantaged groups that share a protected characteristic, including where their participation as a group is disproportionately low.

If you are interested in this topic, you might also be interested to view the first video in this series, An Overview of Positive Action under the Equality Act 2010.

The Equality Act 2010 allows employers to lawfully take positive action if the employer reasonably thinks that persons with a particular protected characteristic, for example race, are disadvantaged or their participation as a group is disproportionately low.

In this video, Pia and Pooja discuss the following key issues:

  1. The evidence that the employer must rely on to conclude that a group is disadvantaged or that their participation is disproportionately low
  2. How to apply the ‘tie-breaker’ exemption
  3. How to avoid unlawful positive discrimination
  4. Likely scenarios that could arise and how to navigate these

If you would like to discuss any of the above issues in further detail or would like any guidance regarding positive action, please contact Senior Associate Pooja Dasgupta, who specialises in partnership and employment law issues for firms, partners, multi-national employers and senior executives. If you like this video, please do share it with your colleagues and contacts.