Errigalconsulting - public sector equality duty - english regulations


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These slides outline the English regulations in terms of the public sector equality duties.

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Errigalconsulting - public sector equality duty - english regulations

  1. 1. [ERRIGAL consulting on Equality & Diversity] The Public Sector Equality Duty [English regulations]
  2. 2. The general and public sector duties• The general duties apply across all of the 3 GB nations and the purpose of the specific duties are to assist public authorities meet the general duty.• However meeting the specific alone is not sufficient to meeting the general duty requirement to have ‘due regard’.• The public sector duty differs in England it is: – Publish equality information – Prepare and publish equality objectives
  3. 3. The General Duty• The advice for English authorities in terms of the general duty is to consider:• Assessing the relevance of functions to the general duty (there is no prescribed process / documentation for this)• Making use of equality information to assess relevance; set objectives; planning engagement exercises and for• Assessing the impact of polices on equality and good relations – referencing the importance of case law which has determined that assessments be carried out before decisions are made and that a written record of the assessment and decision is made
  4. 4. Case law principles• These principles will aid the assessment process: – Decision makers must be fully aware of the implications of the general duty when making decisions – To comply with the duty implications must be considered at the time a policy is under consideration and decisions are being taken. – The duty must influence the final decision – Where 3rd parties carryout public functions the duty will apply to them
  5. 5. Commissioning and procurement• The general duty applies regardless of the value of the contract.• The general duty applies to organisations procuring / commissioning who are delivering public functions.• Future guidance is expected from the E&HRC.
  6. 6. The Specific Duties• The public sector duties in England are:• Publish equality information – The information will include employees and people affected by its policies and practices – By 31st January 2012 and annually thereafter – For schools and PRU this is 6th April 2012 – Public authorities with less than 150 employees are not required to publish equality information – they are required to capture this information to develop their equality objectives and assess the impact of their employment policies on equality – Information to be accessible and either published separately or as part of an authority document
  7. 7. The Specific Duties• Prepare and publish equality objectives: – Authorities including schools and PRU’s to publish one or two equality objectives it should achieve to meet the general equality duty – Objective/s to be published by 6th April 2012 and every 4 years thereafter. – Objectives should be SMART
  8. 8. Monitoring and enforcement• The E&HRC will monitor and enforce the equality duty.The means open to the E&HRC are: – Compliance notices – Judicial review – Section 31 assessments – Section 23 agreements and legal interventions
  9. 9. [ERRIGAL consulting on Equality & Diversity]