Public sector has to consider equality duty

The Public Sector Equality Duty (PSED) has finally landed after months of argument and debate.

From today (April 6), PSED obliges around 27,000 public sector organisations across the UK to eliminate unlawful discrimination, advance equality of opportunity, and foster good relations across minority groups.

The public sector has to demonstrate diversity management by encouraging equality to everyone, regardless of age, sexual orientation and religion or belief.

This adds to any other legal responsibilities relating to disability, gender, and race.

Many public bodies are already demonstrating progress with equality and have found practical ways to eliminate discrimination in their services or workplace, says the Equality and Human Rights Commission (EHRC).

Andrea Murray, the EHRC Director of Policy, said: “For equality to flourish it is important that public bodies understand the impact of their decisions on all groups in society and that they can be held to account for them.

“The new duty broadens the issues that public bodies have to take into account when making decisions. It requires them to understand the needs of their service users and to reflect equality considerations in their employment practice, the design of policies and the delivery of services.”

The next step is introducing equality targets for the public sector. This starts now for Wales – England and Scotland will follow later in the year.

English equality target laws – the Equality Act 2010 (Specific Duties) Regulations – are under consultation with interested parties.

The general duty is set out in Section 149 of the Equality Act, which states that anyone subject to the general equality duty must have due regard to:

• Eliminate unlawful discrimination, harassment and victimisation
• Advance equality of opportunity between different groups
• Foster good relations between different groups

The duty to have due regard to the need to eliminate discrimination also covers marriage and civil partnership.