A discrimination law expert advised a London audience this week that whether ‘positive action’ will be allowed as a tie-break when considering the hire or promotion of two equally qualified candidates will be “one to watch” over the coming months.

Under the Equality Act, which took effect from 1 October this year, positive action is allowed in terms of using diverse channels of advertising to encourage candidates from a wide spectrum of backgrounds to apply for jobs.

However, the speaker — who cannot be identified under Chatham House rules governing the event — suggested that the government had “not quite had the courage of their convictions” in taking forward the positive action agenda for recruitment and promotion. The government has said it plans to consider this particular issue further.

If put in place for recruitment or promotion, hiring managers could legally favour a person who has a “protected characteristic” to increase the representation of such groups into the workplace if two applicants were equally qualified. The nine protected characteristics are: age, disability, gender reassignment, marriage and civil partnership, pregnancy or maternity, race, religion and belief, sex and sexual orientation.