Guidance on appointment to boards and equality law

The Equality and Human Rights Commission has published guidance in relation to the equality law framework within which appointments to boards must be made. The guidance is titled “Appointments to Boards and Equality Law” and is aimed at companies, nomination committees, search firms and recruitment agencies.

The guidance deals with the Equality Act 2010 and board appointments, the liability of companies and their agents, preventing discrimination in making board appointments, positive action steps a company can take, tie-break provisions in relation to board appointments and all-women longlists and shortlists.

In the guidance, EHRC confirms, among other things, that the law does not permit:

  • Positive discrimination when making an appointment or promotion
  • Addressing under-representation by longlisting or shortlisting only female candidates to the detriment of male candidates.

For more information please read 'Appointments to Boards and Equality Law 

This information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.

Stephen Hardwick

Professional Support Lawyer

I am the Corporate Team’s Professional Support Lawyer. My main responsibilities are preparing and maintaining the team’s precedents and know how, analysing new law and practice, researching legal issues and providing training.