Public sector equality duty
The public sector equality duty is a legal requirement designed to ensure fair treatment and protect the rights of workers, especially those in marginalised or underrepresented groups.
UNISON plays a vital role in ensuring employers comply with the equality duty, by promoting non-discriminatory practices in the workplace.
The legislation applies to public sector employers, but can also apply to private sector employers in some cases when they are carrying out public functions.
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Equality duty: an introduction
In Great Britain, The Equality Act contains something called the ‘public sector equality duty’, which requires public bodies to have due regard to the need to eliminate discrimination, advance equal opportunities and foster good relations between those who have a particular protected characteristic and those that don’t.
The Equality Act protects individuals from discrimination on nine grounds: age, sex, sexual orientation, race, disability, religion or belief, pregnancy and maternity, gender reassignment and marriage or civil partnership.
In Northern Ireland, equality law is set out across several statutes rather than a single Act, and the protected grounds differ from those in Great Britain.
Equality duty in Northern Ireland
In Northern Ireland, public authorities must comply with Section 75 of the Northern Ireland Act 1998, which requires them to have due regard to the need to promote equality of opportunity across specified equality categories and to have regard to the desirability of promoting good relations between different groups.
In Northern Ireland, duties in relation to not discriminating on such grounds are addressed in individual pieces of legislation.
There are slightly different equality duties enshrined in the Northern Ireland Act 1998 and the Disability Discrimination Act 1995 (as amended). Section 75 of the Northern Ireland Act 1998 places a statutory obligation on public authorities in carrying out their various functions relating to Northern Ireland, to have due regard to the need to promote equality of opportunity:
- between persons of different religious belief, political opinion, racial group, age, marital status or sexual orientation;
- between men and women generally;
- between persons with a disability and persons without;
- between persons with dependants and persons without.
In addition, public authorities are also required to have regard to the desirability of promoting good relations between persons of different religious belief, political opinion, and racial groups.
The statutory obligations are implemented through equality schemes, approved by the Equality Commission, and by screening and carrying out equality impact assessments on policies.
In Northern Ireland, the Disability Discrimination Act 1995 requires public authorities, when carrying out their functions, to have due regard to the need to:
- promote positive attitudes towards people with disabilities;
- encourage the participation of people with disabilities in public life.
Employers who are public authorities must actively encourage equality in the workplace.
This legislation applies to public authorities and bodies who are not public authorities but who 'exercise public functions’; though only in respect of those public functions.
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Legal disclaimer
The information contained within this article is not a complete or final statement of the law and is based on the laws of England, Wales, Scotland and Northern Ireland.
While UNISON has sought to ensure that the information is accurate and up to date, it is not responsible and will not be held liable for any inaccuracies and their consequences, including any loss arising from relying on this information. If you are a UNISON member with a legal problem, please contact your branch or region as soon as possible for advice, or for non-employment matters call UNISONdirect.