The public sector equality duty (PSED) is a legal requirement for public bodies to consider equality in their work. Specifically, the PSED requires public bodies to actively consider the need to:
- Eliminate discrimination: This means actively working to remove any unlawful discrimination, harassment, or victimization.
- Advance equality of opportunity: This involves ensuring that all individuals have the same chances to achieve their full potential, regardless of their background or protected characteristics.
- Foster good relations: This means promoting understanding and positive relationships between people from different backgrounds, addressing potential conflicts, and encouraging tolerance.
Understanding the Key Aspects
The PSED isn't just about avoiding discrimination; it's about actively working to create a more equal and inclusive society. Here's a deeper dive into each aspect:
Eliminating Discrimination
Public bodies must take steps to ensure they are not discriminating against anyone based on protected characteristics. This includes:
- Direct discrimination: Treating someone less favorably because of a protected characteristic. For example, refusing to hire a qualified candidate based on their race.
- Indirect discrimination: Applying a rule or policy that seems neutral but disadvantages people with a particular protected characteristic. For example, having a dress code that indirectly prevents people of certain faiths from attending.
- Harassment: Unwanted behavior related to a protected characteristic that violates someone's dignity or creates an intimidating environment.
- Victimisation: Treating someone unfairly because they have made a complaint about discrimination or have supported someone else doing so.
Advancing Equality of Opportunity
This part of the duty requires public bodies to consider how to ensure everyone has the same chances. This includes:
- Removing barriers: Identifying and dismantling obstacles that might prevent certain groups from accessing services or opportunities.
- Taking positive action: Implementing specific measures to address disadvantages experienced by groups with protected characteristics.
- Promoting participation: Actively encouraging the involvement of all groups in policy development and service delivery.
Fostering Good Relations
This involves actively building bridges between different communities and promoting understanding and respect. This can include:
- Community engagement: Seeking the views of different groups and involving them in decision-making.
- Challenging prejudice: Actively addressing discriminatory attitudes and behaviors.
- Promoting inclusion: Creating a welcoming and supportive environment for everyone.
Practical Implications of the PSED
Public bodies must embed the PSED into their daily operations, including:
- Policy development: Ensuring that policies consider the impact on different groups.
- Service delivery: Making sure that services are accessible and inclusive.
- Employment practices: Recruiting and treating staff fairly.
- Procurement: Considering equality in awarding contracts.
Example
A local council, for instance, when designing a new park, should consider:
- Accessibility: Ensuring that the park is accessible for people with disabilities.
- Safety: Making sure that the park is safe for people of all ages and genders.
- Inclusivity: Providing facilities that are welcoming to people from diverse backgrounds.
By adhering to the public sector equality duty, public bodies can help create a fairer and more inclusive society for everyone.
