For those operating in the public sector, the Act includes a new general public sector equality duty. It is proposed that the duty will come into force from April 2011 and will apply to all protected characteristics under the Act (e.g. age, disability, race and sex). On 19 August 2010 the Government Equalities Office (GEO) published a consultation paper seeking views on proposals for draft regulations containing specific duties that help public bodies meet their more general equality duty and proposals on which public bodies will be subject to an equality duty.
The proposals, include specific duties on public bodies to publish information:
- on their workforces and the services that they provide;
- on equality in their workforces. This will contain information on issues such as the gender pay gaps and the proportion of employees who are disabled or from ethnic minorities. This is only proposed for public bodies who have more than 150 employees;
- setting out how effectively they are eliminating discrimination, how they are advancing equality and how good relationships are being fostered through the services that they provide, commission and procure; and
- setting out objectives for equality which are specific, relevant and measurable.
Other proposals, such as the requirement for equality based conditions in procurement contracts, will not be implemented. After the regulations are in force public bodies will have an extra year before they must publish their equality objectives and state whether these objectives are being met.
Consultation closes on 10 November 2010. We will keep you updated on developments as they occur.
Best Practice
If you are unsure whether your organisation will be under the new public sector equality duty or how the duty may affect your organisation or would like to discuss any of the provisions set out in the Equalities Act 2010, please contact Allison Cook on 0117 314 5466.
This publication is for guidance only. Reliance should not be placed upon it and nor should action be taken, without obtaining advice in respect of the specific circumstances applicable. We will be pleased to provide such advice or assistance.
