As a general rule, positive discrimination in favour of a particular category of persons is the same as discrimination against those not in that category. Depending on the particular situation, positive discrimination in favour of one category of persons is therefore likely to be unlawful discrimination against others under normal rules.

There is a specific exception in favour of persons suffering from a disability. Equality Act 2010 provides that it is not discrimination for the purposes of the Act to treat disabled persons more favourably than others.

Previous (pre-1st October 2010) law allowed a limited degree of positive action (for example by allowing positive discrimination in favour of a member or members of one sex or of a particular race or colour in relation to access to facilities for training for particular work and in relation to encouragement "to take advantage of opportunities" for doing particular work - see notes at Sex discrimination/positive discrimination and/or Racial discrimination/positive discrimination ). Thus the BBC is on record as explaining why so many places on its Journalism Trainee scheme have gone to people from ethnic minorities or who are female by saying that "a core objective of the scheme has been to encourage a greater diversity amongst potential BBC journalists" (see emplaw web-updater of 8th June 2010).

Equality Act 2010 goes a little further. When the relevant provisions are brought into force (probably April 2011) it will in some circumstances allow an employer to give preference in recruitment and/or promotion to a person who has one of the protected characteristics over a person who does not if there is a "tie break" situation where both equally qualified for the post on offer. However, it is unlikely to make an enormous difference as the Act allows "positive action" in recruitment and promotion only in a "tie break" situation where there are two equally qualified candidates (and in practice that will often be difficult to establish).