The General Equality Duty, also known as the Public Sector Equality Duty (PSED), sets out specific aims for public bodies and others carrying out public functions to ensure they consider the impact of their policies and decisions on equality. These aims are fundamental to creating a fairer society where everyone has an equal chance to thrive.
The core aims of the General Equality Duty are to:
- Eliminate unlawful discrimination, harassment, and victimisation, and any other conduct prohibited by the Equality Act 2010.
- Advance equality of opportunity between people who share a protected characteristic and those who do not.
- Foster good relations between people who share a protected characteristic and those who do not.
These aims apply to all nine protected characteristics under the Equality Act 2010: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
Detailed Explanation of the Aims
The General Equality Duty requires public authorities to have "due regard" to these aims when making decisions, setting policies, and delivering services. This isn't just a tick-box exercise; it demands proactive consideration of equality impacts.
1. Eliminate Unlawful Discrimination, Harassment, and Victimisation
This aim is about actively preventing and addressing actions that are illegal under the Equality Act 2010. It means that organisations subject to the duty must:
- Identify and remove barriers: Look for practices, policies, or environments that might lead to direct or indirect discrimination.
- Promote fair treatment: Ensure that no individual is treated less favourably because of a protected characteristic.
- Address harmful conduct: Take steps to prevent and respond effectively to harassment (unwanted conduct related to a protected characteristic that violates a person's dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment) and victimisation (treating someone badly because they have made or supported a complaint under the Act).
Practical Insight: A local council reviewing its housing allocation policy should ensure the criteria do not inadvertently discriminate against particular racial groups or those with disabilities. Similarly, a public service provider must ensure its staff are trained to avoid harassment of service users.
2. Advance Equality of Opportunity
Advancing equality of opportunity goes beyond simply not discriminating; it involves taking positive steps to address disadvantages faced by people with protected characteristics. This aim requires public bodies to consider:
- Removing or minimising disadvantages: Identifying and mitigating specific disadvantages experienced by people sharing a protected characteristic. For example, ensuring buildings are physically accessible for people with disabilities or providing materials in alternative formats for those with visual impairments.
- Meeting different needs: Recognising and addressing the unique needs of people who share a protected characteristic. This could include providing culturally sensitive services for different ethnic groups or flexible working arrangements to accommodate parents or carers.
- Encouraging participation: Taking steps to encourage people with protected characteristics to participate in public life or in areas where their participation is disproportionately low. This might involve targeted outreach programs or support initiatives.
Example: A university might analyse its student recruitment data to identify under-represented groups and then implement outreach programs targeting schools in diverse areas or offering scholarships specifically for students from disadvantaged backgrounds.
3. Foster Good Relations
This aim focuses on building bridges and promoting understanding between different groups within society. It means that public bodies should work towards:
- Tackling prejudice: Challenging negative stereotypes and promoting respect for people with different protected characteristics.
- Promoting understanding: Creating opportunities for interaction and dialogue between people from different backgrounds.
- Encouraging cohesion: Working to build a sense of community where people feel connected and valued regardless of their characteristics.
Practical Insight: A police force might run community engagement initiatives that bring together different faith groups and the LGBTQ+ community to discuss local issues, fostering mutual respect and breaking down stereotypes.
Key Aspects of the General Equality Duty
The General Equality Duty is not merely a legal obligation; it's a framework for good governance that helps public bodies make better decisions and deliver more effective services for all members of society.
Aim | Description |
---|---|
Eliminate Discrimination | Actively prevent and address unlawful direct/indirect discrimination, harassment, and victimisation based on protected characteristics. |
Advance Equality of Opportunity | Proactively identify and remove barriers, meet different needs, and encourage participation for people with protected characteristics. |
Foster Good Relations | Promote understanding, tackle prejudice, and encourage cohesion between people with different protected characteristics. |
For further information on the specific requirements and implications of the General Equality Duty, consult official guidance from the Equality and Human Rights Commission (EHRC) or the Equality Act 2010.