On 18 December 2023, the government published new non-statutory guidance on the public sector equality duty ("PSED") in section 149 of the Equality Act 2010 (EqA 2010). It replaces the Government Equalities Office's 2011 guidance.
The facts
The non-statutory guidance is intended to help public authorities understand the PSED, by setting out the following:
• Covers what the PSED is and who is bound by it;
• Sets out how to comply with the PSED and how to demonstrate compliance with both the general and specific duties. It also deals with sanctions in the event of a failure to comply with the duty; and
• Contains a "myth buster" section, which includes whether an equality impact assessment must be published in all cases, and whether the duty requires taking positive action.
In introducing the guidance, Rt Hon Kemi Baednoch MP reminded public authorities of the importance of fostering good relations between people who share and do not share a relevant protected characteristic and of providing leadership in reducing prejudices. In relation to the protected characteristics, she was clear that no one protected characteristic should be held higher than the other and, as everyone has a protected characteristic, the Equality Act 2010 is intended to protect all individuals.
What does this mean for employers?
It is helpful to have updated guidance as much has changed since 2011.
Employers should familiarise themselves with the updated guidance and their organisation's responsibilities under the PSED. The guidance is clear that making decisions without having due regard to the PSED can be unlawful. Keeping records of assessments made is important and allows organisations to demonstrate compliance.
Public Sector Equality Duty: guidance for public authorities | Published 18 December 2023
