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The Equality Act 2010: Key Changes Affecting the Public Sector

The Equality Act 2010: Key Changes Affecting the Public Sector. The Public Sector Equality Duty. Duty on public bodies and others carrying out public functions (i.e. functions of a public nature for the purposes of the Human Rights Act 1998)

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The Equality Act 2010: Key Changes Affecting the Public Sector

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  1. The Equality Act 2010: Key Changes Affecting the Public Sector

  2. The Public Sector Equality Duty Duty on public bodies and others carrying out public functions (i.e. functions of a public nature for the purposes of the Human Rights Act 1998) Example: Only the public functions of a private company running a prison on behalf of the Government would be covered – not its private work such as providing security services for a supermarket.

  3. Who is protected? • The Public Sector Equality Duty replaces 3 previous public sector equality duties for disability, race and gender • It covers the 9 ‘protected characteristics’

  4. The General Duty Has 3 aims. It requires public bodies to have due regard to the need to: • Eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Equality Act • Advance equality of opportunity between people from different groups • Foster good relations

  5. The General Duty (contd.) ‘Due regard’ means consciously thinking about the 3 aims of the General Duty as part of the process of decision-making. Consideration of equality issues must influence decisions reached by public bodies in how they: • act as employers • develop, evaluate & review policy • design, deliver & evaluate services • commission and procure from others

  6. The General Duty and Disabled People • The Duty explicitly recognises that Disabled People’s needs are different from those of Non-Disabled People • The Duty states that public bodies should therefore take account of “Disabled People’s disabilities” (for example by making ‘reasonable adjustments’)

  7. Advancing Equality of Opportunity Involves considering the need to: • Remove or minimise disadvantages suffered by people due to their ‘protected characteristics’ • Meet the needs of people with ‘protected characteristics’ • Encourage people with ‘protected characteristics’ to participate in public life or in other activities where their participation is low

  8. The Equality Act 2010 (Specific Duties) Regulations 2011 • 27th June 2011, The Equality Act 2010 (Specific Duties) Regulations 2011 were laid before Parliament. • Subject to Parliamentary approval, expected to come into force before Parliament Summer recess begins on 27th July 2011.

  9. Specific Duties Regulations 2011 Public authorities must: • Publish statistics regarding employees with ‘protected characteristics’ (if the authority has more than 150 employees). • Publish information about impact assessments regarding the effect of their policies and practices on compliance with the General Duty. • Publish at least one specific and measurable objective to further compliance with the General Duty.

  10. Complying with the Duty Consider: What does complying with the Duty mean for: • Board members – In how they set strategic direction, review performance and ensure good governance of the organisation. • Senior managers – In how they oversee the design, delivery, quality and effectiveness of the organisation’s functions and how they make sure the organisation has the capability and capacity to deliver on its equality responsibility. • Equality and diversity staff – In how they raise awareness about the Equality Duty within the organisation and how they support staff to deliver on their responsibilities.

  11. Complying with the Duty • Human resources staff – In how they embed equality considerations in employment policies and procedures. • Policy makers – In how they embed equality considerations in all stages of the policy making process. • Communications staff – In how they ensure that equality measures are built into the organisation’s communications strategy and that equality information is available and accessible.

  12. Complying with the Duty • Analysts – In how they support the organisation to understand the effect of its policies and practices on equalities for different groups. • Front line staff – In how they embed equality considerations in the delivery of services to the public. • Procurement and commissioning staff – In how they embed equality considerations in the organisation’s relationship with suppliers through specifications and contract management.

  13. Role of the EHRC • Responsible for assessing compliance with and enforcing the General and Specific Duties. • Has powers to issue compliance notices to public bodies that have failed to comply. • Can apply to the courts for an order requiring compliance. • General Duty can be enforced by judicial review through the EHRC or by an individual or group of people with an interest.

  14. Keeping Up-to-date To remain informed on key legislative changes to the Equality Act, please visit: www.equalities.gov.uk/equality_act_2010/public_sector_equality_duty.aspx http://www.equalityhumanrights.com/advice-and-guidance/public-sector-duties/new-public-sector-equality-duty-guidance/

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