Public Sector Equality Duty

Insight

Specific Equality Duties: Wales

The specific duties apply to Welsh public bodies listed in Part 2 of Schedule 19 of the Equality Act 2010. The specific duties under the Welsh Regulations are focused on enabling listed authorities to achieve improved equality outcomes in compliance with the general Public Sector Equality Duty. The specific duties cover the following areas:

Equality Objectives

Listed authorities are required to publish Equality Objectives which are: 'are designed to enable it to better perform the general duty'. They must also publish a statement setting out the steps that they have taken or intend to take in order to fulfill each objective and how long this is expected to take.

The authority must also make arrangements to monitor progress towards achieving its equality objectives, and the effectiveness of the steps taken. The initial deadline for publishing equality objectives was 2 April 2012, and listed authorities are required to review their equality objectives at least every four years.

Engagement

Listed authorities are required to comply with the engagement provisions when carrying out certain duties. This involves consulting with representatives of particular groups that may be affected by a proposed measure or decision, as well as individuals with an interest, when appropriate.

Listed authorities must involve such persons as the authority considers represent the interests of persons who share one or more of the protected characteristics and have an interest in the way that the authority carries out its functions.

Accessibility of Published Information

Listed authorities must take all reasonable steps to ensure that any document or information it is required to publish to meet its general or specific equality duties is published in a form that is accessible to people from protected groups.

Equality Impact Assessments

A listed authority is required to make arrangements (such as it considers appropriate) to conduct impact assessments of proposed new policies and practices, and on reviewing or revising policies and practices. These equality impact assessments will consider the likely impact of the particular policy or practice or revision on the authority’s ability to comply with the general duty. They must also publish a report on any assessment that shows that the impact or likely impact of a policy or practice is substantial.

Employment information

A listed authority is required to annually collect and publish information about the composition of staff, and information about recruitment, career progression, disciplinaries, grievances and retention.

Training

A listed authority must make such arrangements as it considers appropriate for

  • promoting its employees’ knowledge and understanding of the Public Sector Equality Duty; and

  • using its performance assessment procedures (if any) to identify and address any training needs of its employees in relation to the Public Sector Equality Duty.

Pay Differences and Action Plans

A listed authority must have due regard to pay differences between persons or groups that have or share a protected characteristic, and those who do not, when formulating its equality objectives, in circumstances where the pay difference is or seems reasonably likely to be related to the protected characteristic.

Strategic Equality Plans

Listed authorities must develop a Strategic Equality Plan which includes:

  • a description of the authority

  • its equality objectives (including pay objectives)

  • the steps it has taken or intends to take to meet its objectives and in what timescale

  • its arrangements to monitor progress on meeting its equality objectives and the effectiveness of the steps it is taking to meet those objectives its arrangements to identify and collect relevant equality information. This includes information gathered from engaging with protected groups about how the work of an authority may relate to the general duty. It also includes any information about pay differences related to a protected characteristic and the causes of these differences

  • its arrangements for publishing relevant equality information that it holds and which it considers appropriate to publish its arrangements for equality impact assessments

  • details of how an authority will promote knowledge and understanding of the general and specific duties among employees, including through performance assessment procedures to identify and address training needs an action plan relating to gender pay objectives.

Annual Reports

This must provide detail of:

  • the steps the authority has taken to identify and collect relevant information

  • how the authority has used this information in meeting the three aims of the general duty

  • any reasons for not collecting relevant information

  • a statement on the effectiveness of the authority’s arrangements for identifying and collecting relevant information progress towards fulfilling each of the authority’s equality objectives

  • a statement on the effectiveness of the steps that the authority has taken to fulfill each of its equality objectives specified employment information, including information on training and pay (unless it has already published this information elsewhere).

Procurement

Listed authorities must have due regard to whether it is appropriate for the award criteria of procurement processes to include considerations to help meet the general duty, and whether it would be appropriate to stipulate conditions relating to the performance of the contract which might also complement the aims of the general duty.