The general equality duty consists of eliminating discrimination, advancing equality of opportunity, and fostering good relations. It covers nine protected characteristics and applies to public authorities, services, policies, employers, and contractors. Authorities must have due regard to consider how to minimize disadvantages, meet different needs, and encourage participation in public life. Due regard requires authorities to assess impacts, address adverse impacts, and demonstrate that equality influenced decision making.

1. [ERRIGAL consulting on Equality & Diversity]
[The General and Public Sector Equality Duty ]
www.errigalconsulting-equality.co.uk

2. The Public Sector Equality Duty
• The public sector equality duty consists of a general equality duty,
which is set out in section 149 of the Equality Act 2010
• The general equality duty came into force on 5 April 2011.
• The Act allows for each of the 3 GB governments to set out
their own specific equality duty regulations:
– Scottish Ministers have set specific duties for Scottish public
authorities regulations now published
– In England specific duties came into law September 2011
– In Wales April 2011
www.errigalconsulting-equality.co.uk

3. The General Duty
• Is a single duty covering protected characteristics:
– Age; disability; gender; sexual orientation; race; religion and
belief; gender reassignment; pregnancy and maternity.
• It applies to public authorities in their role as:
» Service providers
» Policy makers
» Employers
» Contractors of services
• It also applies to private and voluntary organisations
which carry out public functions
www.errigalconsulting-equality.co.uk

4. The main elements of the general duty
• The duty to have due regard to:
– Eliminate discrimination, harassment, victimisation or any other
prohibited conduct
– Advance equality of opportunity:
• Removing or minimising disadvantage
• Meeting the needs of particular groups that are different from
the needs of others
• Encouraging participation in public life
– Foster good relations – tackle prejudice, promote understanding
www.errigalconsulting-equality.co.uk

5. Due regard - explained
• Action must be proportionate and relevant
• More than just thinking about equality
• Demonstrate rigour; an open mind and influence the final
decision
• Evidence based
• Requires an assessment of impact and active steps to mitigate
adverse impact
• Can’t justify actions after a decision has been taken
• Demonstrate due regard in development of a policy and when a
decision is made
www.errigalconsulting-equality.co.uk

6. [ERRIGAL consulting on Equality & Diversity]
www.errigalconsulting-equality.co.uk