The new Public Sector Equality Duty

This page sets out information about the forthcoming Public Sector Equality Duty (the duty).  It includes updates, links to key documents including new equality duty guidance and questions and answers on key issues about the duty.

Changes to commencement of PSED general and specific duties

Today the Government Equalities Office (GEO) has announced that the government’s draft regulations on the specific duties for England (and non-devolved bodies in Scotland and Wales) are to be revised and therefore will not become law on 6 April, as originally envisaged. 

Background

On 8 April 2010 the Equality Act received Royal Assent. The Act includes a new public sector equality duty. Parts of the Equality Act started to come into force on 1 October 2010. The equality duty will come into force on 5 April 2011 in England, Scotland and Wales.

The equality duty consists of a general equality duty, with three main aims (set out in section 149 of the Equality Act 2010) and specific duties (set out in secondary legislation). The specific duties are designed to help public authorities meet the general equality duty. See below for more information about the specific duties in the different countries.

The duty will cover all the following protected characteristics: age, disability, gender, gender reassignment, pregnancy and maternity, race, religion or belief and sexual orientation. It will also cover marriage or civil partnerships, but not for all aims of the duty.

FAQs on the equality duty

See our updated frequently asked questions on the equality duty covering England, Scotland and Wales.

Update: March 2011

England and non-devolved public bodies in Scotland and Wales

The Commission has published non statutory guidance on the equality duty for England (and non devolved public bodies in Scotland and Wales). You can view the guidance here.

The UK Government has consulted on draft regulations for the specific duties for England (and non devolved public bodies in Scotland and Wales). Along with many organisations, the Commission submitted a formal response to the consultation. You can view the Government’s response to the consultation on the GEO website.

The draft regulations setting out the specific duties (and non devolved public bodies in Scotland and Wales) were published on the 12 January 2011. Visit the GEO website for further information.

The Commission will publish a statutory code of practice on the equality duty for England (and non devolved public bodies in Scotland and Wales) later in 2011.

Scotland

The Scottish Government is currently reconsidering its proposals for specific duties in Scotland, and so it is not yet clear when these will come into force. Read Scotland's interim advice on the Equality Act Scottish Specific Duties for more information. The Commission plans to publish non statutory guidance and a statutory Code of Practice on the equality duty for Scotland later in 2011.

Wales

The Welsh Assembly Government has now passed the Specific Equality Duties for Wales and the regulations have been laid. The specific duties will come into force on 6 April 2011. For more information go to the Welsh Assembly Government website.

The Commission is planning to publish non statutory guidance and a statutory Code of Practice on the equality duty for Wales later in 2011.

Along with a range of other organisations, the Commission has submitted a formal response to the consultation.

FAQs on the new public sector Equality Duty

See our updated frequently asked questions on the new Equality Duty covering England, Scotland and Wales


Key documents

Equality Bill: Making it work.  Policy proposals for specific duties (GEO website)

Equality Bill: Making it work Policy proposals for specific duties.  A consultation (GEO website)

Equality and Human Rights Commission Specific Duties Consultation – Formal Response

Information about protected characteristics

We have sourced a series of useful documents on age, religion and belief, sexual orientation, pregnancy and maternity and transgender equality issues. These are all areas that have not been covered or fully covered by previous equality duties.

The purpose of the information is to assist public bodies in preparing for the forthcoming public sector Equality Duty. The documents can be found according to the strand or ‘protected characteristic’. View the documents here.

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