Specific public sector equality duties—England
Specific public sector equality duties—England

The following Public Law guidance note provides comprehensive and up to date legal information covering:

  • Specific public sector equality duties—England
  • Public sector gender pay gap reporting
  • Guidance on the specific duties
  • Scope of the specific duties
  • Who is subject to the specific duties?
  • Publication of equality information
  • Publication of equality objectives
  • Manner of publication of equality information and objectives
  • Data protection and confidentiality considerations
  • Specific duties concerning public procurement
  • more

The public sector equality duty (PSED) as defined and set out in Part 11 of the Equality Act 2010 (EqA 2010) comprises:

  1. a general equality duty—the over-arching requirement or substance of the duty, supported by

  2. specific duties that are intended to help performance of the general equality duty

For background reading on the PSED, see Practice Note: Public sector equality duty.

This Practice Note examines how the specific duties require public bodies to be transparent in how they are addressing the PSED, compelling them to:

  1. publish relevant, proportionate information showing compliance with the PSED, and

  2. set and publish specific, measurable equality objectives

It must be remembered that the specific duties do not replace the general PSED. Public bodies subject to the specific duties must comply with the specific duties to assist in overall compliance with the general PSED. The specific duties help to monitor and demonstrate this compliance. Public authorities can thus be held accountable to their service users for their decisions and the equality aims are kept squarely focused in the minds of decision-makers.

EqA 2010, s 153 enacts the power to impose, by secondary legislation, specific duties on public authorities exercising public functions in order to demonstrate their compliance with the PSED. EqA 2010, s 153 replaced the previous, far more prescriptive, specific duties made under the former equality statutory instruments which were