The Equality Duty:
Where do we go from here?
Camilla Belich
Solicitor
UNISON
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UNISON
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UNISON is Britain and Europe's biggest public sector
union with more than 1.3 million members
Our members are people working in the public services,
for private contractors providing public services and in the
essential utilities
Include frontline staff and managers working full or part
time in local authorities, the NHS, the police service,
colleges and schools, the electricity, gas and water
industries, transport and the voluntary sector
Committed to equality and elimination of discrimination
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What is the Public Sector Equality
Duty?
A general duty supported by specific duties:
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General duty – section 149 of the Equality Act 2010
The same for England, Scotland and Wales
Specific duties – brought in by secondary legislation
Different for England, Scotland and Wales
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What is the Public Sector Equality
Duty?
Aims- Section 149:
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A public authority must, in the exercise of its functions, have due
regard to the need to(a)eliminate discrimination, harassment, victimisation and any
other conduct that is prohibited by or under this Act;
(b)advance equality of opportunity between persons who share a
relevant protected characteristic and persons who do not share
it;
(c)foster good relations between persons who share a relevant
protected characteristic and persons who do not share it.
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What is the Public Sector Equality
Duty?
Advancing equal opportunity (second aim)
(a)remove or minimise disadvantages suffered by persons who share
a relevant protected characteristic that are connected to that
characteristic;
(b)take steps to meet the needs of persons who share a relevant
protected characteristic that are different from the needs of persons
who do not share it;
(c)encourage persons who share a relevant protected characteristic to
participate in public life or in any other activity in which participation by
such persons is disproportionately low
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Who does it cover?
Protected Characteristics:
 age;
 disability;
 gender reassignment;
 pregnancy and maternity;
 race;
 religion or belief;
 sex; and
 sexual orientation
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 Also marriage/civil partnership (first aim only)
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Who does it cover?
Types of organisations:
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Public Authorities as listed in Schedule 19 e.g. local
authorities, education bodies, health bodies, police, fire
and transport authorities and government departments
Exemptions in Schedule 18 e.g. immigration (second aim),
judicial functions, House of Commons and Security
Service
Mostly the same for specific and general duties (see
Schedule 1 & 2 of specific duty regulations)
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General Duties
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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 characteristics and those who do not
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Specific Duties
England:
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Publish information to demonstrate its compliance with the
general equality duty annually. Must include information
relating to its employees and people affected by its
policies and practices (less than 150 employees =
exempt)
Publish one or more objectives that it thinks it needs to
achieve to further any of the aims of the general equality
duty every 4 years. Must be specific and measurable.
Must be accessible to the public
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Specific Duties
Scotland:
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Report on mainstreaming the equality duty
Publish equality outcomes and report progress
Assess and review policies and practices
gather and use employee information
publish gender pay gap information
publish statements on equal pay
consider award criteria and conditions in relation to public
procurement
publish in a manner that is accessible.
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Specific Duties
Wales:
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Listening exercise/consultation
Watch this space
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When did it come into effect?
Timetable:
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5 April 2011 - general equality duty came into force
31 January 2012 - listed authorities (except schools and
pupil referral units)
6 April 2012 - schools and pupil referral units required to
publish equality information
6 April 2012 - all listed authorities required to publish
equality objectives
May 2012 - review announced
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April 2013 - review complete?
What has the PSED achieved?
Case studies
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Review
Theresa May stated on 15 May 2012:
“We have also looked again at the public sector equality duty (PSED).
This Government [has] a strong commitment to equality of opportunity.
But we also have a strong desire to reduce unnecessary bureaucracy
where it exists and consider alternatives to legislation. We committed last
year to assess the effectiveness of the PSED specific duties. We have
decided to bring forward that review and extend it to include both the
general and specific duties to establish whether the duty is operating as
intended.”
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Review
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On 15 May 2012, the Home Secretary announced a
review of the public sector Equality Duty, as part of the
outcome of the Red Tape Challenge
The review will establish whether the equality duties are
operating as intended
Due to be completed by April 2013
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Scope of Review
Terms of reference define scope as follows (from Government
Equalities Office):
– Effectiveness of both the General Duty and Specific Duties
– Impact of Duty – costs, burdens and benefits
– Comparative international models
– How the Duty supports delivery of the Government’s Equality
strategy
– Role of support and guidance given to public bodies
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Scope of Review cont.
– How legal risk is managed
– What would improve operation of the Duty
• Broad parameters for the review are that it will:
– look at Great Britain in terms of the General Duty, but will take
account of the different
specific duties and circumstances for the Devolved
Administrations
– consider the breadth of protected characteristics within the
context of the PSED
– consider the budgetary position facing public bodies.
– take account of the duties and powers
conferred on the
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EHRC by the Equality Act 2006.
Scope of Review cont.
– Thematic desk-based research (including analysis of case
law, international comparisons, assessment of existing
research)
– A selection of roundtables with experts and civic society
representatives (qualitative)
– Questionnaires of frontline practitioners (quantitative)
– Case studies of public bodies to test emerging findings
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Criticisms of the PSED
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Ineffective
Needs to be stronger
Adds to ‘red tape’
Burden on business
Un-necessary
Unclear
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A Case for maintaining the PSED:
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Public authorities must consider impact of decision making
on equality
Furthers equality objectives
Challenging decisions with discriminatory impact
‘Ambulance at the top of the cliff’
Furthers community ideals
May prevent discrimination
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Questions:
1. Have you had any experience of the PSED?
2. Is your view that it should be maintained or
repealed? Why?
3. How could the PSED be improved?
4. Would repealing the PSED be a step back for
equality?
5. Any predictions for the future?
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Let
Theresa
May know
your
views!
Review likely to
be complete by
April 2013
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