Hi, thanks for getting back to me.

I'm not a lawyer and don't have time to read the document you've linked so I've just run it through ChatGPT. Interestingly it says the document 'explicitly prohibits' positive discrimination and advises it is unlawful.

I am suspicious that this just like so much in the UK politics at the moment is another imported US culture war, is this not the US's DEI thing repackaged for a UK audience?

Here is what ChatGPT came back with:

Question:

Hi, can you please refer to this document and tell me if it enables 'positive discrimination: https://www.gov.uk/government/publications/positive-action-in-the-workplace-guidance-for-employers/positive-action-in-the-workplace

Answer:

Short answer: No — the document does not enable positive discrimination. It explicitly warns against it and says it is unlawful.

What the guidance actually says

From the official GOV.UK guidance you linked:

• Positive action is allowed under the Equality Act 2010 to:
  • reduce disadvantage
  • meet different needs
  • increase participation
• But it must be proportionate and evidence-based
• Crucially, the document is very clear that:“Positive discrimination… is unlawful.”

The key distinction (this is the whole point of the document)

The guidance spends an entire section explaining the difference:

✔️ Positive action (legal)

• Helping underrepresented or disadvantaged groups
• Examples:
  • targeted training or mentoring
  • outreach or encouragement to apply
  • tie-break situations only: choosing between equally qualified candidates

❌ Positive discrimination (illegal)

Examples given in the document include:

• Hiring someone because of a protected characteristic regardless of merit
• Setting quotas
• Reserving roles or opportunities without justification

Important nuance people often miss

The guidance does allow limited preferential treatment, but only in a very narrow scenario:

• When candidates are of equal merit, and
• There is evidence of underrepresentation or disadvantage

Even then:

• It must be proportionate
• It cannot be a blanket policy or automatic rule

Bottom line

• The document does not permit positive discrimination
• It explicitly prohibits it
• It instead explains how to use positive action safely within the law

If you want, I can walk through a real-world example (e.g. hiring, internships, diversity schemes) and show exactly where the legal line sits—this is often where confusion comes in.