Using the Public Sector Equality Duty
[ch 7: page 72]The public sector equality duty (PSED) is found in section 149 of the EA10. The Equality and Human Rights Commission (EHRC) has provided detailed guidance on the duty, available from its website.
The duty requires public bodies and private bodies when carrying out public functions, to have “due regard” to the need to eliminate discrimination, advance equality of opportunity, and foster good relations across the following protected characteristics: age, disability, gender reassignment, pregnancy and maternity, race, religion and belief, sex and sexual orientation.
The duty applies to local authorities, higher and further education institutions, schools, health bodies, police, fire and transport authorities and government departments. It also applies to public, private and voluntary bodies that carry out public functions (including on behalf of local authorities).
Although the PSED does not formally require employers to conduct an equality impact assessment before introducing new policies (outside Wales and Scotland), the EHRC has said that carrying out such an assessment is likely to be the best way of ensuring equality issues are mainstreamed in decision-making by publicly-funded bodies.