The “positive action” provisions in section 159 Equality Act 2010 that allow employers to give preference to those with protected characteristics when recruiting or promoting employees are to be implemented from 6 April 2011 according to this Commencement Order made by the government this week.

Is this a step too far? Has the strive for equal opportunities in fact created unequal opportunities for those without protected characteristics applying for jobs or promotion after 6 April 2011? Shouldn’t the best person for a job get it irrespective of protected characteristics?