The Public Sector Equality Duty

The public sector equality duty is in section 149 of the EA 10. Detailed guidance on the duty can be downloaded from the Equality and Human Rights Commission (EHRC) website. This duty requires public authorities, when exercising their 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 or belief;

• Sex;

• Sexual orientation.

The public sector equality duty is a powerful tool in the hands of anti-discrimination activists and advocates of a fair and tolerant society. For more information on the duty, see the TUC Equality Duty Toolkit and other resources, available from the TUC website.

In May 2012, the government announced a review of the public sector equality duty, to be concluded by June 2013. The review’s remit is said to be to establish whether the duty is “operating as intended”. The TUC has published its response to the Public Sector Equality Duty Review, available from its website, which sets out key research findings to support its conclusion that the duty plays a vital role in underpinning union work to tackle discrimination and harassment at work.