top of page

Public sector equality duty

PSED

Definition in primary legislation

of

Public sector equality duty

Legislation

from

Equality Act 2010, S.149

(1) A public authority must, in the exercise of its functions, have due regard to the need to— (a) eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act; (b) advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; (c) foster good relations between persons who share a relevant protected characteristic and persons who do not share it. (2) A person who is not a public authority but who exercises public functions must, in the exercise of those functions, have due regard to the matters mentioned in subsection (1). (3) Having due regard to the need to advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to— (a) remove or minimise disadvantages suffered by persons who share a relevant protected characteristic that are connected to that characteristic; (b) take steps to meet the needs of persons who share a relevant protected characteristic that are different from the needs of persons who do not share it; (c) encourage persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low. (4) The steps involved in meeting the needs of disabled persons that are different from the needs of persons who are not disabled include, in particular, steps to take account of disabled persons' disabilities. (5)Having due regard to the need to foster good relations between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to— (a) tackle prejudice, and (b) promote understanding. (6) Compliance with the duties in this section may involve treating some persons more favourably than others; but that is not to be taken as permitting conduct that would otherwise be prohibited by or under this Act. (7) The relevant protected characteristics are— age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation. (8) A reference to conduct that is prohibited by or under this Act includes a reference to— (a) a breach of an equality clause or rule; (b) a breach of a non-discrimination rule. (9) Schedule 18 (exceptions) has effect.

If a flag appears next to this message, click on it to see others' comments about this definition

See discussion

Plain English definition

of

Public sector equality duty

Think Local Act Personal

from

Think Local Act Personal (TLAP) Jargon Buster

The law says that public sector organisations have to think about the needs of everyone when they make decisions about how they provide services, and must not discriminate against anyone. The aim of this duty is to prevent discrimination, increase people's opportunities, and improve relationships between people. Private organisations do not have the same legal duty.

If a flag appears next to this message, click on it to see others' comments about this definition

See discussion

Synonym of
Not to be confused with
See also
See other terms relating to
Use instead of
Parent of
Consider using instead
Child of

Comment on definitions of

Public sector equality duty

Thanks for submitting!

Contact us with a general query or comment about the glossary

You can comment on specific words/terms or definitions from the relevant page.

Thanks for submitting!

bottom of page