Public Authority Equality Duties

1. Public Authority Equality Duties Paul McMahon Partner

2. Why? • Despite 30 years of Equality Legislation, discrimination not a thing of the past. Reports indicate: • Part time women earn 38% less per hour than full time men • 17% pay gap between hourly earnings of full time men and full time women

3. 38% of mothers, 11% of fathers and 18% of carers have left or been unable to take a job because of family/personal commitments • 42% of disabled people have experienced difficulty in accessing public services • Over 1,000,000 disabled people are not in work and on benefits but keen to work • Although 8.4% of population from ethnic minorities, they are under represented in Central and Local Government

4. Equality duties differ from other anti-discrimination legislation in two critical ways Public Authorities have to be proactive in: • Eliminating discrimination and harassment • Promoting equality of opportunity, not simply attempting to safeguard against discrimination

5. Underlying Principle • To mainstream into public service functions a pro-active approach to the elimination of discrimination • Affect every public service function • Duty arises at time of consideration of implementation of policies

6. Purpose • To shift onus from individuals to authorities • To address institutional discrimination • Doesn’t seek equality of outcome but address disadvantage so as to create a level playing field – to build in equality before discrimination occurs

7. The strands of discrimination covered by the equality duties • Race (2 April 2001) • Disability (4 December 2006) • Gender (6 April 2007) • Both general and specific duties apply in these 3 areas

8. Who is subject to the duties? • General duty applies to Public Authorities • In respect of Disability and Gender a Public Authority defined as any person “certain of whose functions are of a public nature” • In respect of Race the Public Authorities are listed (more than 43,000 at the last count!) • Specific duty applies to listed Public Authorities only • Can also apply to contracted out Public Authority services and functions and private and voluntary bodies carrying out public functions.

9. The General Duty • “In carrying out its functions the Public Authority shall have due regard to [the different equality strand-related duties]” • Functions • Due regard • relevance • proportionality

10. Gender Equality General Duty • The need to eliminate unlawful discrimination and harassment • Promote equality of opportunity between men and women.

11. Disability Equality General Duty • Promote equality of opportunity between disabled people and other people • Eliminate disability discrimination • Eliminate harassment • Take account of disabilities, even where effect is disabled people are treated more favourably than other people • Promote positive attitudes towards disabled people • Encourage participation by disabled people in public life

12. Race Equality General Duty • Eliminate unlawful racial discrimination • Promote equality of opportunity • Promote good relations between people of different racial groups

13. The Specific Duty • Applies to listed bodies only • A means to an end • Requirement to publish equality schemes

14. Gender Equality Specific Duties • Preparation and publication of a Gender Equality Scheme • Publish an equal pay statement • Duty on education authorities in relation to schools

15. Gender Equality Scheme • Required to prepare and publish a gender equality scheme by June 2007 • Showing how the Public Authority will meet its general and specific duties • Setting out gender equality objectives • And actions to achieve these objectives

16. Preparing the Scheme • Consider the need to include pay objective • Consult stakeholders, including trade unions • Undertake a gender impact assessment • Gather information on the effect of policies on women and men • Implement actions within three years • Report against the scheme every year • and review every three years

17. Equal Pay Statement • For bodies with at least 150 staff • By 28 June 2007 • Review and report every three years • Separate, but complementary to, the requirement to consider an equal pay objective

18. Duty on Education Authorities for Schools • As well as publishing their own scheme Education Authorities must ensure that schools they manage • Gather information • Undertake impact assessments • Carry out steps to meet the duty • Report on these activities

19. Disability Equality Specific Duties • Preparation and publication of a Disability Equality Scheme • Involve disabled people in producing the scheme • Demonstrate that actions have been taken and outcomes achieved • Report on progress • Review and revise Scheme

20. Disability Equality Scheme • List functions • Involve Disabled People in the development of the scheme • Gather Information on the effect of policies and practices on disabled people • Have a method statement for impact assessing policies and practices • Identify steps which it is proposed will be taken towards the fulfilment of general duty (the action plan) • Arrangements for reviewing the effectiveness of the action plan and using the information to review the scheme

21. Annual Report • To contain a summary of: • The steps taken; • The results of information gathering • The use made of information gathered

22. Race Equality Specific Duties • Preparation and publication of a Race Equality Scheme • Review required at 3 yearly intervals

23. Race Equality Scheme • List functions and policies assessed • Set out arrangements for assessing and consulting on impact of proposed policies on promotion of race equality • monitoring policies for adverse impact on promotion of race equality • publishing results of assessments and consultations and monitoring • ensuring public access to information and services • training staff in connection with positive duties

24. The Specific Duty on Employment • Monitoring by reference to racial group should be carried out on numbers of staff in post and applications for employment, training and promotion • If 150 or more full-time staff should also monitor numbers of staff from each racial group who: • receive training • benefit or suffer detriment through performance assessment procedures • are involved in grievance procedures • are the subject of disciplinary procedures • cease employment

25. The Specific Duty on Education • Prepare and publish a race equality policy, maintain a copy of it and fulfil arrangements in it • Assess and monitor impact of policies on pupils, staff and parents, focus on pupils’ attainment • Publish results of monitoring

26. Key Aspects • Involve affected groups • Obtain and analyse information • Review and report • Implement equality objectives • Staff training and expertise • Impact assessments

27. Enforcement • Judicial Review • Commission for Equality and Human Rights can issue formal assessments and issue compliance notices

28. Examples of the Equality Duties in Practice • Leicester City Council offered building apprenticeships tailored to suit women. Also provided childcare during training • Effect: • Customer satisfaction improved. Female council tenants able to receive assistance from female workers and appreciated by victims of domestic violence, ethnic minorities and the elderly

29. Guy & St Thomas’s Hospital Trust introduced flexible working and alternative shift patterns • Effect:- • Number of vacancies fell from 44% to 5% • Reduction in level of agency nursing cover • Number of operations cancelled due to lack of nursing staff dropped by 90%