How to write a women-first hiring policy
A women-first hiring policy is a statement of intent: this organisation actively wants more women, especially where they are under-represented, and it will design its hiring to make that happen. Done well, it attracts talent competitors miss and builds teams that perform better. Done carelessly, it strays into unlawful discrimination and exposes the organisation to a claim. The difference is entirely in the detail, and getting it right is very doable.
This guide sets out how to write a women-first hiring policy that is both ambitious and lawful in the UK. It is written for founders, hiring managers, and people teams, and it leans on the Equality Act 2010 and guidance from the Equality and Human Rights Commission. It is not legal advice, and a policy like this is worth a legal review before you adopt it.
Start with the line the law draws
The single most important thing to understand is the difference between positive action and positive discrimination. The Equality Act 2010 permits positive action: steps to help a group that is under-represented or disadvantaged, such as encouraging women to apply, running development aimed at women, or offering mentoring. It does not permit positive discrimination: appointing someone because she is a woman regardless of whether she is the best candidate is unlawful.
There is one narrow exception, often called the tie-breaker provision. Where two candidates are as qualified as each other, an employer may lawfully choose the one from an under-represented group, provided it does not operate an automatic policy of always doing so and it assesses each case on its merits. A women-first hiring policy has to live inside these lines. Build the whole policy as positive action, and reserve any preference strictly for the genuine tie-breaker the law allows.
Set out your aim and your evidence
A credible policy names the problem it is solving. State where women are under-represented in your organisation, using your own data: the share of women overall, in senior roles, and in the teams you are hiring into. This matters legally, because positive action has to be a proportionate response to a real imbalance, and it matters practically, because it keeps the policy honest.
Pull the numbers before you write a word of policy. If you have 250 or more staff you already report a gender pay gap, so use it. Our guide on how to read a company’s gender pay gap figures helps you interpret your own data, and diversity recruitment and building balanced teams sets the strategy a policy should serve.
Write the practical commitments
This is the heart of the policy. Translate the intent into specific, auditable actions.
On attraction, commit to inclusive job adverts, published salary ranges, and sourcing that reaches women, and state that you will encourage applications from women where they are under-represented. Our guide on writing job ads that attract women covers the language that widens a pool rather than narrowing it.
On selection, commit to structured interviews with consistent questions, diverse panels, skills-based assessment, and a documented scoring method, because these reduce the bias that quietly filters women out. Our guide on how to reduce bias in your hiring process sets out the mechanics.
On the decision itself, be explicit that appointments are made on merit, that the tie-breaker provision is used only genuinely and case by case, and never as an automatic rule. This is the clause that keeps the policy lawful, so write it plainly.
Add flexibility, progression, and accountability
A women-first hiring policy that gets women through the door and then loses them has failed. Extend the commitments past the offer. Name your flexible working stance, remembering that employees in Great Britain can request flexible working from day one under ACAS-backed rules, and go beyond the minimum if you can. Set out family leave, returner support, and clear progression criteria so women do not stall after joining.
Then make it accountable. Assign an owner, set targets you will actually report against, and review the policy annually with real data. A policy nobody measures is a press release. For why woman-to-woman hiring is worth building a policy around in the first place, see female recruitment and why it matters.
A simple structure for your women-first hiring policy
Keep the document tight. A workable women-first hiring policy runs to a few pages: a purpose statement, the evidence of under-representation, your legal basis in positive action, the practical commitments across attraction, selection, and decision, the retention and progression commitments, and the accountability and review section. Put the lawful-decision clause in writing, train your hiring managers on it, and get the whole thing reviewed by someone who knows UK employment law before you publish it.
Frequently asked questions
Is a women-first hiring policy legal in the UK?
Yes, if it is built on positive action under the Equality Act 2010, such as encouraging and supporting women where they are under-represented. It becomes unlawful if it tips into positive discrimination, meaning appointing women regardless of merit. Appointments must be made on merit, with the narrow tie-breaker provision used only genuinely.
What is the difference between positive action and positive discrimination?
Positive action means lawful steps to help an under-represented or disadvantaged group, like targeted encouragement, mentoring, or development. Positive discrimination means treating someone more favourably in a decision simply because of their sex, which is generally unlawful in UK recruitment.
Can we choose a woman over a man if they are equally qualified?
Only under the tie-breaker provision in the Equality Act 2010, where two candidates are as qualified as each other, and only if you assess each case on its merits rather than applying an automatic rule. It is a narrow exception, so take legal advice before relying on it.
Do we need a women-first hiring policy if we already have a diversity policy?
Not necessarily, but a focused policy can sharpen intent where women are specifically under-represented, for example in senior or technical roles. The key is that it sits within your wider lawful diversity approach and is backed by data and accountability.
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This is educational information, not legal advice. Positive action rules under the Equality Act 2010 are specific and fact-sensitive. Before adopting a policy, take advice from an employment law specialist and see guidance from the Equality and Human Rights Commission and ACAS.
Last reviewed: October 2026