SPECIFIC DUTIES TO SUPPORT THE EQUALITY DUTY
Most public bodies must publish this information by 31 January 2012.
The specific duties require public bodies to:
All information must be published in a way which makes it easy for people to access it.
• publish information to show their compliance with the Equality Duty, at least annually;
• set and publish equality objectives, at least every four years.
Information published is to show that they consciously thought about the three aims of the Equality Duty as part of the process of decision-making. The information published must include:
• Information relating to employees who share protected characteristics (for public bodies with 150 or more employees); and information relating to people who are affected by the public body’s policies and practices who share protected characteristics (for example, service users).
We describe these as the three aims of the Equality Duty.
• Eliminate unlawful discrimination, harassment and victimisation and any other conduct prohibited by the Act;
• Advance equality of opportunity between people who share a protected characteristic and people who do not share it; and
• Foster good relations between people who share a protected characteristic and people who do not share it.
Equality legislation updates for April 2011
The Public Sector Equality Duty (PSED), which comes into effect in April 2011. The Equality Act brings together, and significantly adds to and strengthens, a number of previous existing pieces of legislation, including race and disability. One of the key changes is that it extends the protected characteristics to encompass:. The Equality Act brings together, and significantly adds to and strengthens, a number of previous existing pieces of legislation, including race and disability. One of the key changes is that it extends the protected characteristics to encompass:
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age
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disability
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gender reassignment
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marriage and civil partnership
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pregnancy and maternity
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race
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religion or belief
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sex
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Sexual orientation.
The act also makes explicit the concept of ‘dual discrimination’, where someone may be discriminated against or treated unfairly on the basis of a combination of two or the protected characteristics.
The main provisions of interest to local government are contained within the PSED, which comes into effect in April 2011. The Government’s consultation on the implementation of the duty closed in November 2010. The consultation focused primarily on transparency and accountability. Key aspects of the PSED are:
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a general duty to: (I) eliminate discrimination, harassment and victimisation; (ii) advance equality of opportunity; and (iii) foster good relations
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specific duties to: publish data, assess impact, set equality objectives; report progress at least annually
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new transparency on data to drive culture change
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duty applies to listed public bodies and those discharging public functions (in respect of those functions), for example, third-sector bodies when discharging public functions
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clarification that procurement and commissioning can be used to drive equality.
The Equality Act received Royal Assent on the 8th April 2010. The main provisions of the Act are as follows:
Makes the law easier to understand and implement by simplifying 116 pieces of equality legislation into a single Act for individuals, public authorities and private organisations. Outlaws unlawful discrimination in relation to nine ‘protected characteristics’. These are age, disability, gender, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief and sexual orientation
Protects disabled people who are disadvantaged as a consequence of their disability. A duty on Landlords to make reasonable adjustments in common areas. Introduction of unlawful age discrimination in the provision of goods, facilities or services.
Extension of the scope of positive action allowing proportionate measures to be taken to overcome disadvantage or to meet specific needs based on a protected characteristic
The potential to claim direct discrimination because of a combination of two protected characteristics
Provides for changes to the way that individual claims are enforced, and gives employment tribunals wider powers to make recommendations for the collective benefit of employees
A new public sector duty requiring public authorities to consider how they tackle socio-economic disadvantage. A unified public sector duty intended to promote equality in public policy and decision-making, existing provisions being extended to the protected characteristics of sexual orientation, age and religion or belief
A duty to report on equality issues in the workplace including gender, pay, ethnic and disability minority employment rates. Use of public procurement to promote equality.
When will the Equality Act 2010 come into force? The majority of the provisions in the Equality Act 2010 will come into force in October 2010, with the implementation of some provisions being delayed to allow time for private and public sectors to fully prepare for the changes.