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The new single Equality Duty – what is it all about?

Summary: The Equality Act 2010 has replaced previous anti-discrimination laws with a single Act. The Act’s new Public Sector Equality Duty in force on 6 April 2011, replaces the three former public sector duties for race, disability and gender with a duty that covers age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

The aim of the duty is to embed equality considerations into the day to day work of public authorities so that they tackle discrimination and inequality with a view to making a fairer society.

 

The new general duty in s 149 of the Equality Act 2010 says that a public authority (as listed in Schedule 19 of the Act) or other organisation carrying out public functions on their behalf must, in the exercise of their functions, have due regard to the need to:

  • eliminate discrimination, harassment victimization and any other conduct that is prohibited by or under this Act;
  • advance equality of opportunity between persons who share a protected characteristic and persons who do not share it; and
  • foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

 

Having “due regard” means removing or minimizing disadvantage suffered by people due to their protected characteristics and taking steps to meet their needs where these are different from the needs of others.  Further, authorities must encourage people from groups with a protected characteristic to participate in public life where participation from their group is disproportionately low. 

 

Specific duties require public authorities to set equality objectives that are both specific and measurable.  Key dates for these duties are 31 July 2011, when public authorities must publish sufficient information to demonstrate compliance with the general duty across their functions (schools have until 31 December 2011) and 6 April 2012 when all authorities must publish their equality objectives.

 

A statutory Code of Practice on the new duty is currently being prepare by the Equality and Human Rights Commission (EHRC) and should be available later in 2011.

The EHRC will be responsible for ensuring compliance with this duty but it is also worth remembering the duty if there are any potential discrimination matters involving public authorities as it may be helpful to check how they are complying with their Public Sector Equality Duty.  If a public authority does not comply with its general equality duty, it can be challenged through an application to the High Court for judicial review.  Such an application could be made by a person or group with an interest in the matter or by the EHRC.

 For more information on the duty, you can obtain a copy of The essential guide to the public sector equality duty available from:

 Equality and Human Rights Commission helpline – England

FREEPOST RRLL-GHUX-CTRX

Arndale House, Arndale Centre, Manchester M4 3AQ

Tel 0845 604 6610 ● Textphone 0845 604 6620 ● Fax 0845 604 6630

 Gillian Carpenter, Discrimination Caseworker

Discrimination Project

Community Law Service (Leicester and County)

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