9. Advancing equality Remove or minimise disadvantages suffered by people with protected characteristics due to having that characteristic. Take steps to meet the needs of people with protected characteristics that are different from people who do not have that characteristic (including taking account of a disability). Encourage protected groups to participate in public life and in any other activity where participation is disproportionately low.
10. Who the general duty applies to Public authorities listed in Schedule 19 of the Equality Act (e.g. local authorities, FE and HE bodies, schools, health bodies, police, fire and transport authorities, government departments). Public, private, or voluntary organisations carrying out public functions (including on behalf of a public authority). The Equality Act uses the same definition as the Human Rights Act 1998 (which was used for the gender and disability equality duties).
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13. Some case law principles Those who exercise functions must be aware of the duty’s requirements and decision-makers must be fully aware of the implications of the duty when making decisions about policies. The duty must be complied with before and at the time a policy is under consideration and decisions are taken. Consideration of equality matters should be an integral part of decision-making. The duty must influence the final decision. Third parties exercising public functions for a public authority must comply with the duty.
14. The specific duties The purpose of the specific duties is to help public authorities meet the general duty. Meeting the specific duties alone is not sufficient to meet the general equality duty. The specific duties regulations for England (and non devolved bodies) have now been laid before Parliament. A date for implementation has not yet been announced by the Government. Wales has different specific duties, Scotland is yet to adopt theirs
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16. Messages for public authorities Clear leadership is crucial (including informing staff of their obligations). Build on your work on the race, disability, gender duties. Take action proportionate to the relevance of an issue to equality and to good relations. The equality duty applies across your work (e.g. services, policy-making, employment, planning, procurement, statutory decision-making).
17. Guidance for England (and non devolved bodies in Scotland/Wales) The essential guide to the public sector equality duty Equality analysis and the equality duty Engagement and the equality duty Equality objectives and the equality duty Equality information and the equality duty The current guides do not reflect the latest draft specific duties but they set out a range of advice about meeting the general equality duty. Sign up to our newsletter for the latest info!
18. Other EHRC work to look out for Disability Harassment inquiry Home care inquiry The public sector equality duty: a way forward for the health sector
Notes de l'éditeur
Public authorities with under 150 employees are not required to publish information on their employees (but should collect this to help develop their objectives and assess the impact of their employment policies on equality). This information shall include information relating to people from protected groups who are: Employees Affected by its policies and practices