The public sector equality duty consists of a general equality duty, which is set out in section 149 of the Equality Act 2010 itself, and the specific duties which came into law on the 10th September 2011 in England and 6 April in Wales (tbc in Scotland) which are imposed by secondary legislation. The general equality duty came into force on 5 April 2011. In summary, those subject to the equality duty must, in the exercise of their functions, have due regard to the need to: * Eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act. * Advance equality of opportunity between people who share a protected characteristic and those who do not. * Foster good relations between people who share a protected characteristic and those who do not.

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The Public Sector
Equality Duty
Public bodies in England (and non-devolved bodies in
Scotland and Wales)

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The general equality duty
This came into force on 5 April 2011.
In the exercise of their functions, public authorities in England,
Scotland and Wales must have due regard to the need to:
• Eliminate unlawful discrimination, harassment and victimisation
and any other unlawful conduct in the Equality Act 2010.
• Advance equality of opportunity
• Foster good relations

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Advancing equality
Remove or minimise disadvantages suffered by people with
protected characteristics due to having that characteristic.
Take steps to meet the needs of people with protected
characteristics that are different from people who do not have
that characteristic (including taking account of a disability).
Encourage protected groups to participate in public life and in
any other activity where participation is disproportionately low.

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Fostering good relations
Tackle prejudice
Promote understanding

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Protected characteristics
Age
Disability
Pregnancy and maternity
Religion or belief
Race
Sex
Sexual orientation
Gender reassignment
Marriage and civil partnerships (but
just for the first aim of the duty)

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Benefits of the equality duty
Help public authorities avoid discriminatory practices and integrate
equality into their core business.
Ensure services are more appropriate to users which are more efficient
and cost-effective, improving public satisfaction.
Build a supportive working environment to increase productivity. More
representative organisations can draw on a broader range of talent.
Using up to date equality information can lead to better decision-making
and policy development.

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Who the general duty applies to
Public authorities listed in Schedule 19 of the Equality Act (e.g.
local authorities, FE and HE bodies, schools, health bodies, police,
fire and transport authorities, government departments).
Public, private, or voluntary organisations carrying out public
functions (including on behalf of a public authority). The Equality
Act uses the same definition as the Human Rights Act 1998 (which
was used for the gender and disability equality duties).

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Equality information
Equality information is useful for assessing relevance, setting
objectives, planning engagement and for assessing the impact
of your policies and services on equality and good relations.
Collect and use information across your functions, across the
aims of the general equality duty, and across the protected
characteristics.
Identify any information gaps and take steps to fill them.
Establish a timeframe for collecting any new data.

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Sensitive equality
information
Where employees and service users are not ready to be asked
about certain characteristics (e.g. sexual orientation), take steps
to develop a culture of trust so this can be done in the future.
If this information is collected, explain why it is being collected,
how it will be used, and how privacy will be protected.
Analysing national or local research and engagement with
protected groups is also useful for identifying issues of concern.

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Assessing the impact on
equality
Assessing the impact on equality of your policies and practices
is an important part of complying with the general equality duty.
The general equality duty does not specify how you should
undertake your assessments.
Case law from the previous duties indicates that these
assessments should be done before decisions are made, and
that a written record is useful for demonstrating compliance.

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Case law principles
Those who exercise functions must be aware of the duty’s
requirements and decision-makers must be fully aware of the
implications of the duty when making decisions about policies.
The duty must be complied with before and at the time a policy
is under consideration and decisions are taken.
Consideration of equality matters should be an integral part of
decision-making. The duty must influence the final decision.
Third parties exercising public functions for a public authority
must comply with the duty.

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Commissioning and
procurement
The general equality duty applies to procurement and
commissioning by authorities listed in schedule 19,
regardless of the value of the contract.
The general equality duty applies to procurement and
commissioning by organisations who are delivering public
functions (but only in relation to their public functions).

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The specific duties
The general duty is supported by specific duties. Their
purpose is to help public authorities meet the general duty.
Meeting the specific duties alone is not sufficient to meet the
general equality duty.
The specific duties are different for England, Scotland and
Wales.

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Who the specific duties
apply to
The specific duties in England apply to all public authorities
listed in Schedule 1 of the specific duties regulations.
This covers most (but not all) of the public authorities listed in
Schedule 19 of the Equality Act 2010.

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Specific duties (England)
1. Publish equality information:
Public authorities to publish information annually to
demonstrate compliance with the general equality duty. This
had to be done for the first time by 31 January 2012, and 6
April 2012 for schools and pupil referral units.
Public authorities with under 150 employees are not required
to publish information on their employees (but should collect
this to help develop their objectives and assess the impact of
their employment policies on equality).

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Specific duties (England)
This information shall include information relating to people with
protected characteristics who are:
•Employees
•Affected by its policies and practices
All information should be published in an accessible manner. It
can be published individually or as part of another document.

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Specific duties (England)
2. Prepare and publish equality objectives
Public authorities to prepare and publish one or more equality
objectives it thinks it should achieve to meet the general equality
duty. To be done at least every four years. This was to be done
for the first time by 6 April 2012.
Ensure the objectives are specific and measurable.

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Monitoring and enforcement
The Equality and Human Rights Commission is responsible for
monitoring and enforcing the equality duty.
Individuals with an interest can apply for judicial review in
relation to a breach of the general equality duty.
The range of enforcement tools set out for the Commission
under the Equality Act 2006 still apply to the equality duty.
These include: compliance notices, judicial review, section 31
assessments, section 23 agreements and legal interventions.

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Messages for public authorities
Clear leadership is crucial (including informing staff of their
obligations).
Take action proportionate to the relevance of an issue to equality
and to good relations.
The equality duty applies across your work (e.g. services, policy-
making, employment, planning, procurement, statutory decision-
making).
Guidance on the equality duty is available at:
equalityhumanrights.com