Public Sector Equality Duty

FAQs

What is the Public Sector Equality Duty?

It is detailed in Section 149 of the Equality Act 2010 and obliges public authorities to consider or think about how their policies or decisions affect people from protected groups. The Public Sector Equality Duty requires that public authorities think about the need to:

• eliminate unlawful discrimination

• advance equality of opportunity between people who share a protected characteristic and those who don’t

• foster or encourage good relations between people who share a protected characteristic and those who don’t.

Does it apply to every public sector organisation?

It doesn’t apply to every single one in the UK but it does apply to the vast majority. The list of public authorities is specified in Schedule 19 of the Equality Act 2010 and includes NHS Boards, local authorities, universities, colleges and some non departmental government bodies. Schedule 18 lists the exceptions which include the House of Commons, Scottish Parliament and the Secret Intelligence Service.

My private sector organisation provides services to public authorities. Does the Public Sector Equality Duty apply to me?

It depends on the services which you are providing. If your organisation is providing a “public function” on behalf of a public authority then you should proceed on the basis that the Public Sector Equality Duty applies. For example, a private care home providing care on behalf of the local authority could be described as providing a “public function”. In practice, public authorities who are contracting out public functions will pass the legal obligations down the procurement chain, such as by including indicators in Service Level Agreements.

Does the Public Sector Equality Duty make the publication of equality data obligatory?

No. The Duty in Section 149 of the Equality Act 2010 does not expressly state that any equality data should be published. The extent of the obligation to collect and publish equality data is found in the Specific Equality Duties, which differ in each country in the UK. For example in Scotland, public authorities are obliged to publish information about steps they have taken to gather information on the recruitment, development and retention of staff. There is no similar obligation in England. However collecting equality data will assist compliance with the Public Sector Equality Duty as it will help the development of a sound evidence base for decision making.

Why do we refer to the General Equality Duty and the Specific Equality Duties? What is the distinction?

The Public Sector Equality Duty is often referred to as the “General” Equality Duty which distinguishes it from the “Specific” Equality Duties. The General Duty applies to all listed public authorities in England, Wales and Scotland. Each of these three countries has “specific” Duties which differ. For example, the Specific Equality Duties in Scotland oblige the publication of equality impact assessments. The Specific Equality Duties in England do not, although it is generally accepted that the production of an equality impact assessment is the most effective way of demonstrating due regard to the Public Sector Equality Duty, regardless of jurisdiction.

Is compliance with the Public Sector Equality Duty enforced?

The EHRC is responsible for regulation and promoting compliance with the Duty. If public authorities do not comply, as required by the specific duty regulations, they risk being subjected to legal challenge (including enforcement action by the Commission), as well as potential damage to their reputation. In practice, the EHRC tend to work together with public authorities to support them in compliance as opposed to go straight to enforcement action.