Positive Action in Council Recruitment - Glasgow Policy

Civil Rights and Equity Scotland 3 Minutes Read ยท published February 11, 2026 Flag of Scotland

In Glasgow, Scotland, positive action in council recruitment is used to improve equality of opportunity where under-representation exists and to meet public sector equality duties. This guide explains how positive action operates in recruitment for public bodies, the legal basis, practical steps for applicants and employers, and how Glasgow City Council typically implements measures to promote fair access for under-represented groups.

Positive action can be lawful when used to address disadvantage or under-representation in recruitment.

What is positive action in recruitment

Positive action allows employers to take proportionate steps to encourage or train people from under-represented groups and, in limited circumstances, to choose a candidate from such a group where candidates are equally qualified. The legal framework in Great Britain is set by the Equality Act 2010 and supported by statutory guidance on implementation.[2]

How Glasgow councils apply positive action

Glasgow City Council applies positive action through equality impact assessments, targeted advertising, outreach, mentoring and, where lawful, selection measures that favour an eligible candidate among equally qualified applicants. Specific internal HR policies and guidance govern implementation and record-keeping. For statutory interpretation and practical guidance see the Equality and Human Rights Commission advice on positive action.[1]

  • Targeted outreach and advertising to under-represented communities.
  • Pre-application support, mentoring and skills workshops.
  • Use of equality impact assessments to justify measures.
  • Documented selection criteria and audit trails for decisions.

Penalties & Enforcement

Positive action itself is a permitted measure when used within the limits of the Equality Act; misuse or discriminatory selection could lead to challenge through employment or discrimination law. Monetary fines specific to positive action in recruitment are not set out in the statutory provisions governing the practice and are not specified on the cited pages.[2]

  • Fines: not specified on the cited page.
  • Enforcement: Employment Tribunals and courts can hear discrimination claims; internal disciplinary processes are managed by the employer.
  • Escalation: first or repeat allegations proceed through internal grievance then tribunal or court as appropriate; ranges are not specified on the cited pages.
  • Non-monetary sanctions: orders, remedies, declarations, or recommendations by tribunals or courts; specific measures are case-dependent and not numerically specified on the cited pages.
  • Complaint pathways: raise concerns with the recruiting HR team, the council's equality officer or use ACAS early conciliation before tribunal.
If you believe selection was improperly influenced, raise it promptly with HR and seek advice about tribunal time limits.

Applications & Forms

There is generally no standalone statutory application form for positive action; employers normally use their standard job application and attach equality monitoring or evidence of outreach activity. Glasgow City Council-specific forms or guidance for recruitment measures are published by the council HR and equalities teams and are not consolidated into a single statutory form on the cited guidance pages.

Common violations

  • Applying a quota where the measure is not proportionate or unlawful - potential challenge through tribunal.
  • Failure to document decision-making and justification for positive action measures.
  • Discriminatory exclusion of candidates outside a lawful positive action measure.
Document justification and selection records whenever positive action influences an appointment.

Action steps for applicants and employers

  • Applicants: check vacancy adverts and person specifications for positive action statements and provide relevant information confidently.
  • Employers: carry out an equality impact assessment before applying targeted measures and keep selection records.
  • Raise concerns internally with HR or the council equality officer; if unresolved, consider ACAS early conciliation.

FAQ

Can Glasgow City Council give jobs to people from under-represented groups?
Yes, where measures are lawful, proportionate and documented as permitted positive action under the Equality Act and council policy.
Does positive action mean quotas?
No, positive action is not the same as mandatory quotas and must be proportionate; quota-style requirements are likely unlawful.
How do I challenge a selection decision?
Raise a grievance with the employer, contact the council equality team or use ACAS early conciliation before tribunal proceedings.

How-To

  1. Review the vacancy advert and employer equality statements to see if positive action measures are declared.
  2. Submit your standard application and, where invited, provide relevant contextual evidence or information requested for positive action measures.
  3. If you believe selection was unfair, request internal review or grievance with HR and the council equality officer.
  4. If unresolved, contact ACAS for early conciliation and consider an Employment Tribunal claim where appropriate.

Key Takeaways

  • Positive action is lawful when proportionate and documented.
  • Keep records and equality impact assessments to justify measures.

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