Public sector Equality Duty

The public expects high quality public services that deliver the best value for the taxpayer. Understanding different needs within communities can enable public authorities to target their resources more effectively, deliver better services and reduce waste.  Likewise, the public expect public authorities to employ the best people, on merit, so finding ways to reach out to the best potential recruits, removing barriers to successful careers, and creating workplaces free from harassment and bullying are increasingly important.

The public sector Equality Duty applies to public authorities and others carrying out public functions.  The requirements of the duty are essentially what any well-run organisation would want to do – to meet the needs of those who work for it and use its services.  The duty requires public authorities to have regard to the need to tackle discrimination and promote equal opportunities. When designing and delivering their services, they should consider how they can make them fair for everyone. It will also ensure that decision making is based on real life experience and evidence of need, rather than arbitrary assumptions and stereotypes.

The Equality Duty consists of a general duty, with three main aims (set out in Section 149 of the Equality Act 2010); and specific duties (set out in secondary legislation to accompany the Equality Act 2010). The specific duties are designed to help public bodies with the better performance of the general duty.

The general Equality Duty was commenced on 5 April 2011.

Specific duties

The general duty is supported by specific duties, set out in regulations, to help public bodies comply with it. The Government published draft specific duties regulations on 12 January following a public consultation.  Since then the Government has considered the draft regulations further in the light of the policy objective of ensuring that public bodies consider equality when carrying out their functions without imposing unnecessary burdens and bureaucracy, and thinks there is room to do more to strip out unnecessary process requirements.

On 17 March 2011, the Government announced to Parliament the publication of a policy review paper seeking views on new draft specific duties regulations.  The proposals are designed to deliver a clear focus on transparency, freeing up public bodies to take responsibility for their own performance in delivering equality improvements and to publish the right information so that the public can hold them to account. This approach will be better for equality because it will focus on the delivery of results, not the performance of bureaucratic processes. 

For the period from 5 April until the new specific duties are in place, public bodies will still need to comply with the general Equality Duty. 

Comments on the new draft regulations should be submitted to the Government Equalities Office by until 21 April 2011.

You can view the announcement here.

You can view the policy review paper here: Equality Act 2010: The public sector Equality Duty: reducing bureaucracy.

For further information, please visit our FAQ page.