The Public Sector Equality Duties

The Equality Act received Royal Assent on 8 April 2010. The Act (which applies to England, Wales and Scotland but not to Northern Ireland) consolidates all the previous anti-discrimination laws and reconciles most of the differences between them. Most of the Act’s provisions came into force on 1 October 2010.

All anti-discrimination legislation applies to public-sector organisations in the same way as it does to private-sector employers. However, there is an additional statutory duty on public authorities that does not apply elsewhere, known as the Equality Duty.

The Public Sector Equality Duty consists of a general duty, with three main aims (set out in s.149 of the Equality Act 2010) and specific duties (set out in secondary legislation to accompany the Equality Act 2010). The three main aims of the general duty are the following.

1. Eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act.

2. Advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it.

3. Foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

The Act defines a protected characteristic as:

• age

• disability

• gender reassignment

• marriage and civil partnership

• pregnancy and maternity

• race — this includes ethnic or national origins, colour and nationality

• religion or belief

• sex

• sexual orientation.

The specific duties are designed to help public bodies with the better performance of the general duty. They cover:

• requirements for the publication of information demonstrating compliance with the Equality Duty

• requirements to prepare and publish one or more equality objectives.

The general duty commenced on 5 April 2011.

The Regulations implementing the specific duties came into effect on 10 September 2011. The obligations under these Regulations were consolidated with new statutory gender pay gap reporting requirements on 31 March 2017. See Gender Pay Gap Reporting.

• The Equality Act 2010, which consolidates all previous anti-discrimination laws and reconciles most of the differences between them, places a statutory duty on public authorities, known as the Public Sector Equality Duty.

• This consists of a general duty and specific duties.

• The general duty requires that public authorities and those who exercise functions on their behalf should have due regard to the need to:

  • eliminate discrimination, harassment, victimisation and any other conduct prohibited under the Act

  • advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it

  • foster good relations between persons who share a relevant protected characteristic and persons who do not share it. The General Equality Duty

• The relevant protected characteristics are age, disability, gender reassignment, marriage and civil partnerships, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. The General Equality Duty

• The specific Public Sector Equality duties will apply to almost all public authorities (including virtually all local authorities) and requires the publication of information on the effect of their policies and practices on those who share a relevant protected characteristic including their employees, as well as the preparation and publication of one or more objectives to fulfil the aims set out in the general equality duty. The Specific Equality Duties

• The Equality and Human Rights Commission (EHRC) has responsibility for equality for all the “protected characteristic” groups specified in the Equality Act. The Equality and Human Rights Commission (EHRC)

• Organisations subject to the specific equality duties should collect and use equality information to inform their policies and practices.

• Organisations subject to the specific equality duties should assess the impact of their policies, practices and decisions on different groups protected by the Equality Act.

• Organisations subject to the specific equality duties should set, publish and measure progress against one or more equality objectives by 6 April 2012, and at least every four years after that. Equality Objectives

• Organisations subject to the specific equality duties should consider how engaging with people from different protected groups can assist in designing and delivering services. Engagement and the Equality Duty

• The EHRC has responsibility for monitoring compliance with and enforcing the equality duty. Compliance and Enforcement

• More information about the Equality Act 2010 and the new single equality duty can be found on the Government Equalities Office website.