The Equality Act (2010) and the Public Sector Equality Duty

'The new equality duty is designed to reduce bureaucracy while ensuring public bodies play their part in making society fairer by tackling discrimination and providing equality of opportunity for all.'
Government Equalities Office April 2011

The Equality Act (2010) introduced a new public sector equality duty that requires public authorities (including higher education institutions) to tackle discrimination, victimisation and harassment, advance equality and foster good relations.

The Act places a general duty on all public sector organisations and identifies a series of specific duties that are designed to help them meet their general duty.

The General Equality Duty

The act places a general duty on all public sector organisations to have due regard to the need to:

• Eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act.
• 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.

The Act explains that having due regard for advancing equality involves:

• Removing or minimising disadvantages suffered by people due to their protected characteristics.
• Taking steps to meet the needs of people from protected groups where these are different from the needs of other people.
• Encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

The University must demonstrate how it meets the general duty, in relation to each of the protected characteristics, in all its functions, including:

• Employment: Equality and Employment at the University (link to text provided in document 2)
• Education: Equality and Education at the University
• Provision of facilities, goods and services: Equality and Facilities, Goods and Services

Specific Equality Duty

Subject to approval, the government expects the regulations to come into force before 19 July 2011.
The specific duties regulations require HEIs to publish:

• One or more equality objective by 6 April 2012, and thereafter at least every four years. Equality objectives must be specific and measurable and relate to the achievement of the equality duty.

• Information to demonstrate their compliance with the equality duty by 31 January 2012 and thereafter at least annually.

The University is required to publish information on how its employees, students and service users are affected by their policies and practices in relation to the relevant protected characteristics.  

Protected Characteristics

The Act covers nine 'protected characteristics' these include:

• Age
• Disability
• Gender
• Gender reassignment
• Marriage and civil partnership (in relation to eliminating unlawful discrimination, harassment and victimisation in employment)
• Pregnancy and maternity
• Race
• Religion or belief
• Sexual orientation

The Equality and Human Rights Commission provide definitions on each of the protected characteristics.