Public Authority Public Authority Equality DutiesEquality Duties

Paul McMahonPaul McMahon

PartnerPartner

Paul McMahonPaul McMahon

PartnerPartner

Why?Why?Why?Why?

Despite 30 years of Equality Legislation, Despite 30 years of Equality Legislation, discrimination not a thing of the past. discrimination not a thing of the past. Reports indicate:Reports indicate:

Part time women earn 38% less per hour Part time women earn 38% less per hour than full time menthan full time men

17% pay gap between hourly earnings of 17% pay gap between hourly earnings of full time men and full time womenfull time men and full time women

Despite 30 years of Equality Legislation, Despite 30 years of Equality Legislation, discrimination not a thing of the past. discrimination not a thing of the past. Reports indicate:Reports indicate:

Part time women earn 38% less per hour Part time women earn 38% less per hour than full time menthan full time men

17% pay gap between hourly earnings of 17% pay gap between hourly earnings of full time men and full time womenfull time men and full time women

38% of mothers, 11% of fathers and 18% of carers 38% of mothers, 11% of fathers and 18% of carers have left or been unable to take a job because of have left or been unable to take a job because of family/personal commitmentsfamily/personal commitments

42% of disabled people have experienced difficulty in 42% of disabled people have experienced difficulty in accessing public services accessing public services

Over 1,000,000 disabled people are not in work and on Over 1,000,000 disabled people are not in work and on benefits but keen to workbenefits but keen to work

Although 8.4% of population from ethnic minorities, they Although 8.4% of population from ethnic minorities, they are under represented in Central and Local are under represented in Central and Local GovernmentGovernment

38% of mothers, 11% of fathers and 18% of carers 38% of mothers, 11% of fathers and 18% of carers have left or been unable to take a job because of have left or been unable to take a job because of family/personal commitmentsfamily/personal commitments

42% of disabled people have experienced difficulty in 42% of disabled people have experienced difficulty in accessing public services accessing public services

Over 1,000,000 disabled people are not in work and on Over 1,000,000 disabled people are not in work and on benefits but keen to workbenefits but keen to work

Although 8.4% of population from ethnic minorities, they Although 8.4% of population from ethnic minorities, they are under represented in Central and Local are under represented in Central and Local GovernmentGovernment

Equality duties differ from Equality duties differ from other anti-discrimination other anti-discrimination

legislation in two critical wayslegislation in two critical ways

Equality duties differ from Equality duties differ from other anti-discrimination other anti-discrimination

legislation in two critical wayslegislation in two critical ways

Public Authorities have to be proactive in:Public Authorities have to be proactive in: Eliminating discrimination and Eliminating discrimination and

harassmentharassment Promoting equality of opportunity, not Promoting equality of opportunity, not

simply attempting to safeguard against simply attempting to safeguard against discriminationdiscrimination

Public Authorities have to be proactive in:Public Authorities have to be proactive in: Eliminating discrimination and Eliminating discrimination and

harassmentharassment Promoting equality of opportunity, not Promoting equality of opportunity, not

simply attempting to safeguard against simply attempting to safeguard against discriminationdiscrimination

Underlying PrincipleUnderlying PrincipleUnderlying PrincipleUnderlying Principle

To mainstream into public service To mainstream into public service functions a pro-active approach to functions a pro-active approach to the elimination of discriminationthe elimination of discrimination

Affect every public service functionAffect every public service function Duty arises at time of consideration Duty arises at time of consideration

of implementation of policiesof implementation of policies

To mainstream into public service To mainstream into public service functions a pro-active approach to functions a pro-active approach to the elimination of discriminationthe elimination of discrimination

Affect every public service functionAffect every public service function Duty arises at time of consideration Duty arises at time of consideration

of implementation of policiesof implementation of policies

PurposePurposePurposePurpose

To shift onus from individuals to To shift onus from individuals to authoritiesauthorities

To address institutional discriminationTo address institutional discrimination Doesn’t seek equality of outcome but Doesn’t seek equality of outcome but

address disadvantage so as to create a address disadvantage so as to create a level playing field – to build in equality level playing field – to build in equality before discrimination occursbefore discrimination occurs

To shift onus from individuals to To shift onus from individuals to authoritiesauthorities

To address institutional discriminationTo address institutional discrimination Doesn’t seek equality of outcome but Doesn’t seek equality of outcome but

address disadvantage so as to create a address disadvantage so as to create a level playing field – to build in equality level playing field – to build in equality before discrimination occursbefore discrimination occurs

The strands of discrimination The strands of discrimination covered by the equality dutiescovered by the equality dutiesThe strands of discrimination The strands of discrimination covered by the equality dutiescovered by the equality duties

Race (2 April 2001)Race (2 April 2001) Disability (4 December 2006)Disability (4 December 2006) Gender (6 April 2007)Gender (6 April 2007) Both general and specific duties Both general and specific duties

apply in these 3 areasapply in these 3 areas

Race (2 April 2001)Race (2 April 2001) Disability (4 December 2006)Disability (4 December 2006) Gender (6 April 2007)Gender (6 April 2007) Both general and specific duties Both general and specific duties

apply in these 3 areasapply in these 3 areas

Who is subject to the duties?Who is subject to the duties?Who is subject to the duties?Who is subject to the duties?

General duty applies to Public AuthoritiesGeneral duty applies to Public Authorities In respect of Disability and Gender a Public Authority In respect of Disability and Gender a Public Authority

defined as any person “certain of whose functions are defined as any person “certain of whose functions are of a public nature”of a public nature”

In respect of Race the Public Authorities are listed In respect of Race the Public Authorities are listed (more than 43,000 at the last count!)(more than 43,000 at the last count!)

Specific duty applies to listed Public Authorities onlySpecific duty applies to listed Public Authorities only Can also apply to contracted out Public Authority Can also apply to contracted out Public Authority

services and functions and private and voluntary bodies services and functions and private and voluntary bodies carrying out public functions.carrying out public functions.

General duty applies to Public AuthoritiesGeneral duty applies to Public Authorities In respect of Disability and Gender a Public Authority In respect of Disability and Gender a Public Authority

defined as any person “certain of whose functions are defined as any person “certain of whose functions are of a public nature”of a public nature”

In respect of Race the Public Authorities are listed In respect of Race the Public Authorities are listed (more than 43,000 at the last count!)(more than 43,000 at the last count!)

Specific duty applies to listed Public Authorities onlySpecific duty applies to listed Public Authorities only Can also apply to contracted out Public Authority Can also apply to contracted out Public Authority

services and functions and private and voluntary bodies services and functions and private and voluntary bodies carrying out public functions.carrying out public functions.

The General DutyThe General DutyThe General DutyThe General Duty

““In carrying out its functions the Public In carrying out its functions the Public Authority shall have due regard to [the Authority shall have due regard to [the different equality strand-related duties]”different equality strand-related duties]”

FunctionsFunctions Due regardDue regard

– relevancerelevance

– proportionalityproportionality

““In carrying out its functions the Public In carrying out its functions the Public Authority shall have due regard to [the Authority shall have due regard to [the different equality strand-related duties]”different equality strand-related duties]”

FunctionsFunctions Due regardDue regard

– relevancerelevance

– proportionalityproportionality

Gender Equality General DutyGender Equality General DutyGender Equality General DutyGender Equality General Duty

The need to eliminate unlawful The need to eliminate unlawful discrimination and harassmentdiscrimination and harassment

Promote equality of opportunity Promote equality of opportunity between men and women.between men and women.

The need to eliminate unlawful The need to eliminate unlawful discrimination and harassmentdiscrimination and harassment

Promote equality of opportunity Promote equality of opportunity between men and women.between men and women.

Disability Equality General Disability Equality General DutyDuty

Disability Equality General Disability Equality General DutyDuty

Promote equality of opportunity between disabled Promote equality of opportunity between disabled people and other peoplepeople and other people

Eliminate disability discriminationEliminate disability discrimination Eliminate harassmentEliminate harassment Take account of disabilities, even where effect is Take account of disabilities, even where effect is

disabled people are treated more favourably than other disabled people are treated more favourably than other peoplepeople

Promote positive attitudes towards disabled peoplePromote positive attitudes towards disabled people Encourage participation by disabled people in public lifeEncourage participation by disabled people in public life

Promote equality of opportunity between disabled Promote equality of opportunity between disabled people and other peoplepeople and other people

Eliminate disability discriminationEliminate disability discrimination Eliminate harassmentEliminate harassment Take account of disabilities, even where effect is Take account of disabilities, even where effect is

disabled people are treated more favourably than other disabled people are treated more favourably than other peoplepeople

Promote positive attitudes towards disabled peoplePromote positive attitudes towards disabled people Encourage participation by disabled people in public lifeEncourage participation by disabled people in public life

Race Equality General DutyRace Equality General DutyRace Equality General DutyRace Equality General Duty

Eliminate unlawful racial Eliminate unlawful racial discriminationdiscrimination

Promote equality of opportunityPromote equality of opportunity Promote good relations between Promote good relations between

people of different racial groupspeople of different racial groups

Eliminate unlawful racial Eliminate unlawful racial discriminationdiscrimination

Promote equality of opportunityPromote equality of opportunity Promote good relations between Promote good relations between

people of different racial groupspeople of different racial groups

The Specific DutyThe Specific DutyThe Specific DutyThe Specific Duty

Applies to listed bodies onlyApplies to listed bodies only A means to an endA means to an end Requirement to publish equality Requirement to publish equality

schemesschemes

Applies to listed bodies onlyApplies to listed bodies only A means to an endA means to an end Requirement to publish equality Requirement to publish equality

schemesschemes

Gender Equality Specific Gender Equality Specific DutiesDuties

Gender Equality Specific Gender Equality Specific DutiesDuties

Preparation and publication of a Preparation and publication of a Gender Equality SchemeGender Equality Scheme

Publish an equal pay statementPublish an equal pay statement Duty on education authorities in Duty on education authorities in

relation to schoolsrelation to schools

Preparation and publication of a Preparation and publication of a Gender Equality SchemeGender Equality Scheme

Publish an equal pay statementPublish an equal pay statement Duty on education authorities in Duty on education authorities in

relation to schoolsrelation to schools

Gender Equality SchemeGender Equality SchemeGender Equality SchemeGender Equality Scheme

Required to prepare and publish a gender Required to prepare and publish a gender equality scheme by June 2007equality scheme by June 2007

Showing how the Public Authority will Showing how the Public Authority will meet its general and specific dutiesmeet its general and specific duties

Setting out gender equality objectivesSetting out gender equality objectives And actions to achieve these objectivesAnd actions to achieve these objectives

Required to prepare and publish a gender Required to prepare and publish a gender equality scheme by June 2007equality scheme by June 2007

Showing how the Public Authority will Showing how the Public Authority will meet its general and specific dutiesmeet its general and specific duties

Setting out gender equality objectivesSetting out gender equality objectives And actions to achieve these objectivesAnd actions to achieve these objectives

Preparing the SchemePreparing the SchemePreparing the SchemePreparing the Scheme

Consider the need to include pay objectiveConsider the need to include pay objective Consult stakeholders, including trade unionsConsult stakeholders, including trade unions Undertake a gender impact assessmentUndertake a gender impact assessment Gather information on the effect of policies on Gather information on the effect of policies on

women and menwomen and men Implement actions within three yearsImplement actions within three years Report against the scheme every yearReport against the scheme every year and review every three yearsand review every three years

Consider the need to include pay objectiveConsider the need to include pay objective Consult stakeholders, including trade unionsConsult stakeholders, including trade unions Undertake a gender impact assessmentUndertake a gender impact assessment Gather information on the effect of policies on Gather information on the effect of policies on

women and menwomen and men Implement actions within three yearsImplement actions within three years Report against the scheme every yearReport against the scheme every year and review every three yearsand review every three years

Equal Pay StatementEqual Pay StatementEqual Pay StatementEqual Pay Statement

For bodies with at least 150 staffFor bodies with at least 150 staff By 28 June 2007By 28 June 2007 Review and report every three yearsReview and report every three years Separate, but complementary to, the Separate, but complementary to, the

requirement to consider an equal pay requirement to consider an equal pay objectiveobjective

For bodies with at least 150 staffFor bodies with at least 150 staff By 28 June 2007By 28 June 2007 Review and report every three yearsReview and report every three years Separate, but complementary to, the Separate, but complementary to, the

requirement to consider an equal pay requirement to consider an equal pay objectiveobjective

Duty on Education Duty on Education Authorities for SchoolsAuthorities for Schools

Duty on Education Duty on Education Authorities for SchoolsAuthorities for Schools

As well as publishing their own As well as publishing their own scheme Education Authorities must scheme Education Authorities must ensure that schools they manageensure that schools they manage– Gather informationGather information– Undertake impact assessmentsUndertake impact assessments– Carry out steps to meet the dutyCarry out steps to meet the duty– Report on these activitiesReport on these activities

As well as publishing their own As well as publishing their own scheme Education Authorities must scheme Education Authorities must ensure that schools they manageensure that schools they manage– Gather informationGather information– Undertake impact assessmentsUndertake impact assessments– Carry out steps to meet the dutyCarry out steps to meet the duty– Report on these activitiesReport on these activities

Disability Equality Specific Disability Equality Specific DutiesDuties

Disability Equality Specific Disability Equality Specific DutiesDuties

Preparation and publication of a Disability Preparation and publication of a Disability Equality SchemeEquality Scheme

Involve disabled people in producing the Involve disabled people in producing the schemescheme

Demonstrate that actions have been Demonstrate that actions have been taken and outcomes achievedtaken and outcomes achieved

Report on progressReport on progress Review and revise SchemeReview and revise Scheme

Preparation and publication of a Disability Preparation and publication of a Disability Equality SchemeEquality Scheme

Involve disabled people in producing the Involve disabled people in producing the schemescheme

Demonstrate that actions have been Demonstrate that actions have been taken and outcomes achievedtaken and outcomes achieved

Report on progressReport on progress Review and revise SchemeReview and revise Scheme

Disability Equality SchemeDisability Equality SchemeDisability Equality SchemeDisability Equality Scheme List functionsList functions Involve Disabled People in the development of the Involve Disabled People in the development of the

schemescheme Gather Information on the effect of policies and Gather Information on the effect of policies and

practices on disabled peoplepractices on disabled people Have a method statement for impact assessing policies Have a method statement for impact assessing policies

and practicesand practices Identify steps which it is proposed will be taken towards Identify steps which it is proposed will be taken towards

the fulfilment of general duty (the action plan)the fulfilment of general duty (the action plan) Arrangements for reviewing the effectiveness of the Arrangements for reviewing the effectiveness of the

action plan and using the information to review the action plan and using the information to review the schemescheme

List functionsList functions Involve Disabled People in the development of the Involve Disabled People in the development of the

schemescheme Gather Information on the effect of policies and Gather Information on the effect of policies and

practices on disabled peoplepractices on disabled people Have a method statement for impact assessing policies Have a method statement for impact assessing policies

and practicesand practices Identify steps which it is proposed will be taken towards Identify steps which it is proposed will be taken towards

the fulfilment of general duty (the action plan)the fulfilment of general duty (the action plan) Arrangements for reviewing the effectiveness of the Arrangements for reviewing the effectiveness of the

action plan and using the information to review the action plan and using the information to review the schemescheme

Annual ReportAnnual ReportAnnual ReportAnnual Report

To contain a summary of:To contain a summary of:– The steps taken;The steps taken;

– The results of information gatheringThe results of information gathering

– The use made of information gatheredThe use made of information gathered

To contain a summary of:To contain a summary of:– The steps taken;The steps taken;

– The results of information gatheringThe results of information gathering

– The use made of information gatheredThe use made of information gathered

Race Equality Specific DutiesRace Equality Specific DutiesRace Equality Specific DutiesRace Equality Specific Duties

Preparation and publication of a Preparation and publication of a Race Equality Scheme Race Equality Scheme

Review required at 3 yearly intervalsReview required at 3 yearly intervals

Preparation and publication of a Preparation and publication of a Race Equality Scheme Race Equality Scheme

Review required at 3 yearly intervalsReview required at 3 yearly intervals

Race Equality SchemeRace Equality SchemeRace Equality SchemeRace Equality Scheme List functions and policies assessedList functions and policies assessed Set out arrangements for assessing and consulting on Set out arrangements for assessing and consulting on

impact of proposed policies on promotion of race impact of proposed policies on promotion of race equalityequality

monitoring policies for adverse impact on promotion of monitoring policies for adverse impact on promotion of race equalityrace equality

publishing results of assessments and consultations publishing results of assessments and consultations and monitoringand monitoring

ensuring public access to information and servicesensuring public access to information and services training staff in connection with positive dutiestraining staff in connection with positive duties

List functions and policies assessedList functions and policies assessed Set out arrangements for assessing and consulting on Set out arrangements for assessing and consulting on

impact of proposed policies on promotion of race impact of proposed policies on promotion of race equalityequality

monitoring policies for adverse impact on promotion of monitoring policies for adverse impact on promotion of race equalityrace equality

publishing results of assessments and consultations publishing results of assessments and consultations and monitoringand monitoring

ensuring public access to information and servicesensuring public access to information and services training staff in connection with positive dutiestraining staff in connection with positive duties

The Specific Duty on The Specific Duty on EmploymentEmployment

The Specific Duty on The Specific Duty on EmploymentEmployment

Monitoring by reference to racial group should be Monitoring by reference to racial group should be carried out on numbers of staff in post and applications carried out on numbers of staff in post and applications for employment, training and promotionfor employment, training and promotion

If 150 or more full-time staff should also monitor If 150 or more full-time staff should also monitor numbers of staff from each racial group who:numbers of staff from each racial group who:– receive trainingreceive training– benefit or suffer detriment through performance assessment benefit or suffer detriment through performance assessment

proceduresprocedures– are involved in grievance proceduresare involved in grievance procedures– are the subject of disciplinary proceduresare the subject of disciplinary procedures– cease employmentcease employment

Monitoring by reference to racial group should be Monitoring by reference to racial group should be carried out on numbers of staff in post and applications carried out on numbers of staff in post and applications for employment, training and promotionfor employment, training and promotion

If 150 or more full-time staff should also monitor If 150 or more full-time staff should also monitor numbers of staff from each racial group who:numbers of staff from each racial group who:– receive trainingreceive training– benefit or suffer detriment through performance assessment benefit or suffer detriment through performance assessment

proceduresprocedures– are involved in grievance proceduresare involved in grievance procedures– are the subject of disciplinary proceduresare the subject of disciplinary procedures– cease employmentcease employment

The Specific Duty on The Specific Duty on EducationEducation

The Specific Duty on The Specific Duty on EducationEducation

Prepare and publish a race equality Prepare and publish a race equality policy, maintain a copy of it and fulfil policy, maintain a copy of it and fulfil arrangements in itarrangements in it

Assess and monitor impact of Assess and monitor impact of policies on pupils, staff and parents, policies on pupils, staff and parents, focus on pupils’ attainmentfocus on pupils’ attainment

Publish results of monitoringPublish results of monitoring

Prepare and publish a race equality Prepare and publish a race equality policy, maintain a copy of it and fulfil policy, maintain a copy of it and fulfil arrangements in itarrangements in it

Assess and monitor impact of Assess and monitor impact of policies on pupils, staff and parents, policies on pupils, staff and parents, focus on pupils’ attainmentfocus on pupils’ attainment

Publish results of monitoringPublish results of monitoring

Key AspectsKey AspectsKey AspectsKey Aspects

Involve affected groupsInvolve affected groups Obtain and analyse informationObtain and analyse information Review and reportReview and report Implement equality objectivesImplement equality objectives Staff training and expertiseStaff training and expertise Impact assessmentsImpact assessments

Involve affected groupsInvolve affected groups Obtain and analyse informationObtain and analyse information Review and reportReview and report Implement equality objectivesImplement equality objectives Staff training and expertiseStaff training and expertise Impact assessmentsImpact assessments

EnforcementEnforcementEnforcementEnforcement

Judicial ReviewJudicial Review Commission for Equality and Human Commission for Equality and Human

Rights can issue formal assessments Rights can issue formal assessments and issue compliance noticesand issue compliance notices

Judicial ReviewJudicial Review Commission for Equality and Human Commission for Equality and Human

Rights can issue formal assessments Rights can issue formal assessments and issue compliance noticesand issue compliance notices

Examples of the Equality Examples of the Equality Duties in PracticeDuties in Practice

Examples of the Equality Examples of the Equality Duties in PracticeDuties in Practice

Leicester City Council offered building Leicester City Council offered building apprenticeships tailored to suit women. apprenticeships tailored to suit women. Also provided childcare during trainingAlso provided childcare during training

Effect:Effect:– Customer satisfaction improved. Female council Customer satisfaction improved. Female council

tenants able to receive assistance from female tenants able to receive assistance from female workers and appreciated by victims of domestic workers and appreciated by victims of domestic violence, ethnic minorities and the elderlyviolence, ethnic minorities and the elderly

Leicester City Council offered building Leicester City Council offered building apprenticeships tailored to suit women. apprenticeships tailored to suit women. Also provided childcare during trainingAlso provided childcare during training

Effect:Effect:– Customer satisfaction improved. Female council Customer satisfaction improved. Female council

tenants able to receive assistance from female tenants able to receive assistance from female workers and appreciated by victims of domestic workers and appreciated by victims of domestic violence, ethnic minorities and the elderlyviolence, ethnic minorities and the elderly

Guy & St Thomas’s Hospital Trust Guy & St Thomas’s Hospital Trust introduced flexible working and introduced flexible working and alternative shift patternsalternative shift patterns

Effect:-Effect:-– Number of vacancies fell from 44% to 5%Number of vacancies fell from 44% to 5%

– Reduction in level of agency nursing Reduction in level of agency nursing covercover

– Number of operations cancelled due to Number of operations cancelled due to lack of nursing staff dropped by 90%lack of nursing staff dropped by 90%

Guy & St Thomas’s Hospital Trust Guy & St Thomas’s Hospital Trust introduced flexible working and introduced flexible working and alternative shift patternsalternative shift patterns

Effect:-Effect:-– Number of vacancies fell from 44% to 5%Number of vacancies fell from 44% to 5%

– Reduction in level of agency nursing Reduction in level of agency nursing covercover

– Number of operations cancelled due to Number of operations cancelled due to lack of nursing staff dropped by 90%lack of nursing staff dropped by 90%