Public Sector Equality Duty

Insight

Overview

Section 149 of the Equality Act 2010 details the Public Sector Equality Duty , whereby public authorities are obliged to have due regard to the need to eliminate discrimination, advance equality and promote good relations. These are often referred to as the three elements of the Public Sector Equality Duty..

The Public Sector Equality Duty is essentially proactive compared to the previous regulations which were reactive. In the UK, we have had laws protecting against discrimination for over 50 years, with additional protected groups added on through the decades. These regulations focused mainly on the employment relationship, and compliance was reactive, that is, employers were ordered not to do something as it was unlawful.

It is fair to say that this was and remains to be, well understood, in that employers are aware that they cannot discriminate against employees on the basis of protected characteristics. Most employers have a range of policies to support them in preventing discrimination, including Equal Opportunities, Recruitment and Selection, and Bully and Harassment Policies.

The Public Sector Equality Duty is not focused on employees; it is about proactively considering all functions of a public authority and looking for opportunities to make change which can benefit protected groups and address existing inequality. The Public Sector Equality Duty acknowledges that there are barriers for protected groups and structural inequality which can be reduced if public authorities look at the bigger picture and take action which anticipates how practice impacts protected groups. In 2020, the total spending on public services in the UK is approximately £850 billion, and the Public Sector Equality Duty should impact spending decisions to reduce inequality.

The three elements of the Public Sector Equality Duty are:

1. Elimination of Discrimination

This refers to discrimination against anyone as a result of their protected characteristic(s). This includes discrimination at work, in education, as a consumer and as someone who used public services. Protection is also available with regards to discrimination by association, for example, if you have a family member who has a disability.

2. Advancement of Equality

This is the element of the Public Sector Equality Duty which can provide the most opportunity in terms of paying due regard. In practice, it means that public authorities should always be thinking of ways to make positive change for protected groups.

Practice Example of Advancing Equality:

Glasgow Community Plan identifies a “Fairer, More Equal Glasgow” as a focus area, and chooses Transport as a priority, in particular: “To ensure people and communities are connected to local and city services, opportunities, learning and jobs, and to tackle social isolation and mental wellbeing.”

The Equality Act 2010 explains that having due regard for advancing equality involves:

• Removing or minimising disadvantages suffered by people due to their protected characteristics.

  
  

Practice Example of Minimising Disadvantages:

Transport for London’s Action on Equality recognises that people with a disability may face disadvantages in finding a seat when travelling. in order to reduce conflict over priority seating, Transport for London plans to increase the consistency of priority seating and increase the number of staff announcements about priority seating.

• Taking steps to meet the needs of people from protected groups where these are different from the needs of other people:

  
  

Practice Example of Meeting the Needs of People from Protected Groups:

Edinburgh City Council’s Equality, Diversity and Rights Framework Progress Report details how the Council has developed improvement plans for domestic abuse services and child protection, which include piloting early interventions, providing faster access to better co-ordinated support and responding to evidence of best practice .

Encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

Practice Example of Encouraging Participation:

Manchester City Council has developed indicators to strengthen approaches to engaging with hard to reach groups to enable them to influence decisions.

3. Foster Good Relations

The Equality Act 2010 describes fostering good relations as tackling prejudice and promoting understanding between people from different groups.

Practice Example of Fostering Good Relations:

The Newcastle Mela should promote understanding between people from different groups as it encourages all groups to celebrate the Asian community with music, cultural art and traditional food.