Positive Action by Councils - London By-law Guide

This guide explains how councils in London, England may lawfully take positive action to address disadvantage or underrepresentation under the Equality Act 2010 and related official guidance. It summarises the legal basis for limited preferential measures in recruitment, training and services, who enforces the rules, common practical steps for council officers and residents, and how to make or defend a complaint. Readers in London should consult the cited statutory text and official guidance for full legal wording and to check current procedural details. Equality Act 2010, section 158^[1]

When councils can use positive action

Councils may take positive action where people who share a protected characteristic are at a disadvantage, have different needs, or are disproportionately underrepresented in a role or service. Any measure must be a proportionate means to address that disadvantage and limited in scope to what is reasonably necessary. Official guidance for employers and public bodies explains lawful scenarios and examples for recruitment, training, and targeted outreach.Equality and Human Rights Commission guidance on positive action^[2]

Penalties & Enforcement

The Equality Act and official guidance do not set fixed monetary fines for misuse of positive action; where unlawful discrimination occurs enforcement is typically through employment or civil tribunals or court remedies rather than a specified municipal fine. For details on bringing claims, the Employment Tribunal process for England is the primary route for many workplace disputes.Employment tribunals and how to make a claim^[3]

• Monetary awards: not specified on the cited page; tribunals may award compensation where discrimination is found.
• Escalation: first, repeat, and continuing breaches are not assigned fixed fines on the cited statutory page; outcomes depend on tribunal or court decisions.
• Non-monetary remedies: declarations, recommendations, mandatory adjustments to processes, injunctions, or orders to cease discriminatory practices are available.
• Enforcers and complaint pathways: internal council equality or HR teams, the Equality and Human Rights Commission for guidance/intervention, and Employment Tribunals for claims.
• Appeals and reviews: tribunal decisions may be appealed to higher courts within statutory time limits; specific time limits for starting tribunal claims are given on the tribunal pages.
• Defences and discretion: councils may argue a reasonable and proportionate positive action measure; statutory defences are centered on "reasonable justification" and proportionality.

Applications & Forms

There is no special municipal "positive action" form published on the cited statutory pages; where someone wishes to bring a claim they generally use the employment tribunal claim process and forms (ET1) or the civil court process as applicable. For tribunal claims see the official GOV.UK guidance on making a claim and the ET1 form submission route.Make an employment tribunal claim (ET1)^[3]

Common violations and typical outcomes

• Using a protected characteristic as an automatic tiebreaker without evidence of underrepresentation: potential tribunal findings and corrective orders.
• Applying quotas or reserved places beyond what is necessary: likely to be struck down as disproportionate on review.
• Failing to document rationale and evidence for positive action steps: weak defence if challenged.

FAQ

Can a London council reserve a job for candidates with a protected characteristic?

A council can take limited preferential steps where there is clear evidence of disadvantage or underrepresentation and the measure is proportionate; outright reservation without proportionate justification is likely unlawful.

Who enforces the rules if I think a council misused positive action?

Complain first to the council’s equality or HR team, seek guidance from the Equality and Human Rights Commission, and for employment issues you may bring a claim to an Employment Tribunal.

How long do I have to bring a tribunal claim?

Time limits vary by claim type; see the official tribunal guidance for current limitation periods and procedural steps.

How-To

1. Contact the council equality or HR team to raise the issue and request their internal review or grievance process.
2. Gather documentation: job adverts, selection criteria, panel notes, statistical evidence of underrepresentation, and any correspondence.
3. If internal resolution fails, seek external guidance from the Equality and Human Rights Commission and check tribunal time limits.
4. If advised, start a tribunal claim using the official ET1 process and submit evidence within the required deadlines.

Key Takeaways

• Positive action is lawful in narrow, proportionate circumstances to correct disadvantage or underrepresentation.
• Councils must document rationale, evidence and proportionality to rely on positive action defensibly.
• Enforcement is typically via tribunals or courts; statutory pages do not prescribe fixed municipal fines.

Help and Support / Resources

• Greater London Authority - official site
• City of London Corporation - equality and diversity
• London Councils - policy and guidance

1. [1] Legislation.gov.uk Equality Act 2010, section 158
2. [2] Equality and Human Rights Commission guidance on positive action
3. [3] GOV.UK information on employment tribunals and making a claim