Equality Act 2010: Public Sector Equality Duty what do I need to know?

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The Equality DutyThe Equality Duty has three aims. It requires publicbodies to have due regard to the need to:• eliminate unlawful discrimination,harassment, victimisation and any other conductprohibited by the Act;• advance equality of opportunity betweenpeople who share a protected characteristic andpeople who do not share it; and• foster good relations between people whoshare a protected characteristic and people whodo not share it.Having due regard means consciously thinkingabout the three aims of the Equality Duty as partof the process of decision-making. This means thatconsideration of equality issues must influence thedecisions reached by public bodies – such as in howthey act as employers; how they develop, evaluateand review policy; how they design, deliver andevaluate services, and how they commission andprocure from others.Having due regard to the need to advanceequality of opportunity involves considering theneed to:• remove or minimise disadvantages suffered bypeople due to their protected characteristics;• meet the needs of people with protectedcharacteristics; and• encourage people with protected characteristicsto participate in public life or in other activitieswhere their participation is low.Fostering good relations involves tacklingprejudice and promoting understanding betweenpeople who share a protected characteristic andothers.Complying with the Equality Duty may involvetreating some people better than others, as far asthis is allowed by discrimination law. For example,it may involve making use of an exception or thepositive action provisions in order to provide aservice in a way which is appropriate for people whoshare a protected characteristic – such as providingcomputer training to older people to help themaccess information and services.Taking account of disabled people’sdisabilitiesThe Equality Duty also explicitly recognises thatdisabled people’s needs may be different fromthose of non-disabled people. Public bodiesshould therefore take account of disabled people’simpairments when making decisions about policiesor services. This might mean making reasonableadjustments or treating disabled people better thannon-disabled people in order to meet their needs.ExampleA university might decide to providecar parking spaces for disabled studentsso that those who cannot use publictransport because of their impairmenthave equality of opportunity in accessto courses. Although non-disabledstudents might also want a parking space,they will not suffer the same degree ofdisadvantage without one.4
Implementing the Equality DutyPublic bodies need to consciously think aboutthe three aims of the Equality Duty as part of theprocess of decision-making. The Equality Duty willbe one of a number of factors that need to beconsidered. The weight given to the Equality Duty,compared to the other factors, will depend on howmuch that function affects discrimination, equalityof opportunity and good relations and the extent ofany disadvantage that needs to be addressed.The following principles, drawn from case law,explain what is essential in order for the EqualityDuty to be fulfilled. Public bodies should ensure:Knowledge – those who exercise the public body’sfunctions need to be aware of the requirements ofthe Equality Duty. Compliance with the Equality Dutyinvolves a conscious approach and state of mind.Timeliness – the Equality Duty must be compliedwith before and at the time that a particular policyis under consideration or decision is taken – that is,in the development of policy options, and in makinga final decision. A public body cannot satisfy theEquality Duty by justifying a decision after it hasbeen taken.Suffcient information – the decision makermust consider what information he or she has andwhat further information may be needed in order togive proper consideration to the Equality Duty.No delegation – public bodies are responsiblefor ensuring that any third parties which exercisefunctions on their behalf are capable of complyingwith the Equality Duty, are required to comply withit, and that they do so in practice. It is a duty thatcannot be delegated.Review – public bodies must have regard to theaims of the Equality Duty not only when a policyis developed and decided upon, but also when it isimplemented and reviewed. The Equality Duty is acontinuing duty.Demonstrating compliance with theEquality DutyThere is no explicit requirement to refer tothe Equality Duty in recording the process ofconsideration but it is good practice to do so.Keeping a record of how decisions were reached willhelp public bodies demonstrate that they consideredthe aims of the Equality Duty.Real consideration – consideration of the threeaims of the Equality Duty must form an integral partof the decision-making process. The Equality Dutyis not a matter of box-ticking; it must be exercisedin substance, with rigour and with an open mind insuch a way that it influences the final decision.5
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Equality Act 2010: Public Sector Equality Duty what do I need to know?

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