On 5 April 2011, the public sector equality duty provisions of the Equality Act 2010 came into force. These apply to all public sector bodies as well as private bodies performing a public function, for example a private company running a prison service. The new public sector equality duty expands the non-discrimination duties of public sector bodies to include age, sexual orientation, and religion or belief, adding to the existing public sector equality obligations relating to disability, gender and race. In addition, it provides for a more robust promotion and protection of equality and non-discrimination between protected and non-protected groups, placing the duty to fulfil this obligation on public sector bodies.
What new duties have been imposed on public sector bodies under the provisions of the act?
The public sector equality duty imposes a general, as well as some specific, duties on public sector bodies as well as other bodies performing a public service. In addition to prohibiting unlawful discrimination, the general duty requires such bodies to incorporate the principle of non-discrimination into their daily functioning, including ensuring that all activities, policies and services provided by a public authority reflect the principle of equality and non-discrimination for all protected groups listed in the Equality Act 2010.
It should be noted here that the characteristics that are protected from discrimination under the act are: age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation.
The act specifies that public sector bodies must have due regard to the need to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited under the Equality Act 2010. In addition, such bodies must actively work to advance equal opportunity between persons who share a relevant protected characteristic and persons who do not.
What measures must public sector bodies take to fulfil the general public sector equality duty?
The Equality Act 2010 explains that working to advance equality between persons with protected characteristics and those without such characteristics includes the removing or minimising of disadvantages faced by persons as a result of their protected characteristics; ensuring that steps are taken to meet the needs of persons from protected groups where these needs are different from those of others; and encouraging persons from protected groups to actively participate in public life, particularly where participation from such groups is disproportionately low.
What are the exceptions to these provisions?
There are some exceptions to the application of the Equality Act, as set out in Schedule 18, specifically with regard to children, immigration and judicial function, among others. The exception provision relating to children laid out in Schedule 18(1) effectively means that the equality duty does not apply to the protected characteristic of age with regard to education and other services provided by schools, nor in relation to children's homes. It has been stated that the purpose of this exception is to allow schools and local authorities to treat varying age groups of children in an age-appropriate manner, which may differ from one age group to another.
It should also be noted that the there are further provisions of the Equality Act 2010 that will not come into effect until 2012, one being the prohibition of age discrimination in access to goods and services.
