The Public Sector Equality Duty 




The Public Sector Equality Duty (PSED) is found in section 149 of the EA 10. Detailed guidance is available on the EHRC website. What follows is a short summary.



The PSED 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 to foster good relations across the following protected characteristics:



• age;




• disability;




• gender reassignment;




• pregnancy and maternity; 




• race; 




• religion or belief;




• sex; and




• sexual orientation.




The duty applies to listed public bodies (Schedule 19, EA 10). These are local authorities, higher and further education institutions, schools, health bodies, police, fire and transport authorities and government departments. It also applies to public, private or voluntary organisations that carry out public functions (including on behalf of local authorities).




In England, a smaller group of public bodies with more than 150 employees must also comply with the following “specific duties”:



• to publish information showing compliance with the PSED at least annually, including information relating to employees with a protected characteristic; and



• to publish one or more “specific and measurable” equality objective to advance the PSED, and to renew that objective(s) every four years.



The specific duties on devolved public authorities in Wales and Scotland are much more tightly drawn that those for England.



All public bodies (including private and voluntary sector bodies performing public functions) will need to collect appropriate information even if they are not subject to the “specific duties” highlighted above, because otherwise they will be unable to prove that they have complied with the PSED.


The EHRC has produced guidance, The essential guide to the public sector Equality Duty, available from its website.



The PSED is a powerful tool in the hands of anti-discrimination activists and advocates of a fair and tolerant society. 




The legal regime is much stronger in Scotland where, from April 2018, public sector bodies, including the Scottish Government, NHS and local authorities must consider how to reduce poverty and inequality when making decisions. This is the “socio-economic duty” found in Part 1, EA 10, which in Scotland is called the Fairer Scotland Duty. The duty has not been brought into force by the Westminster government.




In Scotland and Wales, Equality Impact Assessments (EIA) are legally required as part of the PSED. In England, the legal obligation to conduct an EIA was removed in April 2011. Even so, by law, public bodies in England must be able to demonstrate compliance with the PSED in their decision making. Both the EHRC and the TUC suggest that a proper EIA is the best way to achieve this. Judicial rulings support this view (R (D) v Worcestershire County Council [2013] EWHC 2490).