Inclusive Hiring Practices: Navigating the Law in the UK
If you asked us to pick the top benefit of inclusive hiring, we’d be hard pressed to give you an answer. From reducing wasted time by hiring managers and improving brand reputation, all the way through to how it creates a more diverse and dynamic workplace, the list of benefits is endless.
But whilst it’s our mission to change the recruitment status quo with the power of inclusive hiring, we can’t throw out the entire rule book. Recruitment needs to remain legally compliant, so let’s dig into what this looks like.
UK Law: Positive Action vs Positive Discrimination
Two common terms you might hear in recruitment are positive action and positive discrimination; similar sounding, but very different in practice. Here in the UK, the Equality Act 2010 governs our hiring practices and whilst positive action is allowed, positive discrimination is prohibited.
Positive action refers to measures that help people from underrepresented groups overcome disadvantages by addressing the root causes of inequality. For example, your organisation might be struggling to hire talent from lower socio-economic backgrounds. However, you know hiring managers don’t pay much attention to candidates who haven’t studied at a top university. Working with hiring managers to eliminate that bias from job descriptions and decision criteria will likely increase hires from that underrepresented group. Therefore, positive action changes policies, processes and practices.
On the other hand, positive discrimination involves making a selection or employment decision based on a protected characteristic. An example could be hiring an applicant solely because they belong to an underrepresented group, even though they weren’t the right person for the job. This is unlawful in the UK.
How can I tell which is which?
A good rule of thumb to understand whether a DEI initiative falls under positive action or positive discrimination is that positive discrimination tends to result in quick wins that don’t translate into sustainable inclusion for the underrepresented group. The impact from positive action might take longer to be felt, but it is future-proofed as it is based on cultural changes.
You can use positive action in your recruitment and promotions when you reasonably believe that people with protected characteristics are underrepresented or face disadvantages and you are aiming to reduce this disparity.
Positive action vs affirmative action
Much of the recent discourse around the role of DEI in recruitment has become mixed up with what is allowed here in the UK and what takes place over the pond, known as affirmative action. Affirmative action is similar to positive action but with more structure, and is often mandated for certain employers, especially those with federal contracts, requiring employers to take proactive steps to ensure equal opportunities for underrepresented groups.
Unlike the UK, affirmative action in the USA can sometimes involve preferential treatment to achieve diversity goals, as long as it forms part of a broader strategy to address past discrimination and doesn't unfairly disadvantage other candidates.
Widening the gate, not lowering the bar
Here at the Clear Company, one of our favourite phrases to explain inclusive hiring is “widening the gate, not lowering the bar”. Making your hiring practices more inclusive doesn’t have to be a trade-off between diversity and talent – in fact, it’s quite the opposite!
You’re not decreasing the level of experience, knowledge or qualification you require from your applicants, you’re simply opening the application and interview process (and, often, hiring managers’ hearts and minds!) to a wider range of talent.
Another of our favourite phrases is that “inclusive practice is best practice by design and inclusive by chance”. By creating a lean, consistent recruitment process, you can solely focus on what matters and direct your time to candidates that bring skill, insight and experience to the job.
What are the benefits of inclusive hiring?
Like many other parts of DEI, approaching your recruitment through an inclusive lens has the knock-on effect of being fantastic for your bottom line. Widening the talent pool introduces a broader range of skills, perspectives, and experiences to your organisation, which in turn leads to better innovation, problem-solving, and decision-making.
What’s more, inclusive workplaces are more attractive to top talent in 2025 than ever before. Candidates are prioritising choosing an employer that aligns with their personal values, so a commitment to diversity, equity and inclusion can enhance your reputation and attract stand-out candidates.