Editing Affirmative action (section)

==== United Kingdom ====
{{See also|Independent Commission on Policing for Northern Ireland}}
In the [[United Kingdom]], hiring someone simply because of their [[Protected group|protected-group]] status, without regard to their performance, is illegal. By default, so is any other form of discrimination, quota or favouritism based on such "protected characteristics" in education, in employment, during commercial transactions, at private clubs or associations, and while using public services.<ref name="cre" /><ref name="govuk">{{cite web |author=GOV.UK |author-link=Gov.uk |date=4 April 2013 |title=Types of discrimination |url=https://www.gov.uk/discrimination-your-rights/types-of-discrimination |access-date=7 April 2013 |work=Discrimination: your rights |publisher=GOV.UK}}</ref><ref name="personneltoday.com">{{Cite web |last=Millar |first=Michael |date=17 January 2006 |title=Is there a case for positive discrimination? |url=https://www.personneltoday.com/hr/is-there-a-case-for-positive-discrimination/ |access-date=13 July 2022 |website=Personnel Today |language=en-GB}}</ref> 

The [[Equality Act 2010]] does allow for membership in a protected and disadvantaged group to be considered in hiring and promotion when the group is under-represented in a given area and if the candidates are of equal merit (in which case membership in a disadvantaged group can become a "tie-breaker").<ref name="xperthr.co.uk">{{Cite web |title=What "positive action" is permitted under discrimination legislation? &#124; FAQs &#124; Tools &#124; XpertHR.co.uk |url=https://www.xperthr.co.uk/faq/what-positive-action-is-permitted-under-discrimination-legislation/103008/ |website=www.xperthr.co.uk}}</ref><ref>{{cite web|url=http://www.legislation.gov.uk/ukpga/2010/15 |title=Equality Act 2010 |publisher=Legislation.gov.uk |access-date=11 April 2012}}</ref> Under Section 159 of the Equality Act 2010, an employer must "reasonably think that people with the protected characteristic suffer a disadvantage or are under-represented in that particular activity" and any [[positive action]] must be "a proportionate means of enabling or encouraging people to overcome the disadvantage or to take part in the activity".<ref name="xperthr.co.uk" /> Specific exemptions include:
* As part of the [[Northern Ireland Peace Process]], the [[Good Friday Agreement]] and the resulting [[Patten report]], the [[Police Service of Northern Ireland]] are requires to recruit 50% of its numbers from the [[Catholic Church|Catholic]] community and 50% from the [[Protestantism|Protestant]] and [[Ethnic minorities in Northern Ireland|other communities]], in order to reduce any possible bias towards Protestants. This was later referred to as the "50:50" measure.<ref>{{cite news|url=http://news.bbc.co.uk/1/hi/northern_ireland/1540861.stm |title= Police recruitment 'will be 50:50' |work=BBC News |date=12 September 2001 }}</ref>
* The [[Sex Discrimination (Election Candidates) Act 2002]] allowed the use of [[all-women shortlists]] to select more women as election candidates.<ref>{{Cite book|url=http://www.parliament.uk/documents/commons/lib/research/briefings/snpc-05057.pdf|title=All-women shortlists|publisher=House of Commons Library|id=SN/PC/05057|date=29 April 2009|author=Richard Kelly and Isobel White|access-date=23 June 2009}}</ref>

In a 2019, an [[employment tribunal]], found that "while positive action can be used to boost diversity, it should only be applied to distinguish between candidates who were all equally well qualified for a role".<ref>{{Cite news | url=http://www.bbc.co.uk/news/uk-england-merseyside-47335859 |title = Force discriminated against white male|work = BBC News|date = 22 February 2019}}</ref>