1) The document discusses how public bodies in the UK are required by law to consider equality and reduce inequalities when procuring goods and services worth £238 billion annually.
2) It outlines the Public Sector Equality Duty which requires public bodies to eliminate discrimination, advance equality of opportunity, and foster good relations.
3) It provides a 5-step process for public bodies to incorporate equality into their commissioning: planning, determining the contract subject, delivery requirements, the procurement process, and ongoing monitoring.
2. Key issues:
• The UK public sector spend £238bn on
procurement (and rising);
• Contracts going to private and third sector
companies;
• EU and UK law for public bodies to meet the
needs of diverse communities and reduce
inequalities in employment when they buy goods
and services;
• But confusion about how to do this from both
commissioners and how to respond from service
providers.
3. Public Sector Equality
Duty Equality Act 2010
“… requires public bodies, and others who exercise
public functions, to have due regard to the need
to -
eliminate unlawful discrimination, harassment and
victimisation;
advance equality of opportunity; and
foster good relations between people who share a
protected characteristic and those who do not share it.”
4. 5 basic steps..
1. Planning
2. Determining the subject of the contract
3. Setting out how the contract is to be
delivered
4. During the procurement process itself
5. Monitoring and management during
performance of the contract
5. Planning
What do you want to buy or sell?
• An opportunity to consult users or potential users
• Review equality outcomes under existing or
previous contract
• Decide the best way to meet the needs it has
identified
• Consider the size or length of the contract, so that
in some cases contracts will be particularly suited
for SMEs (including SMEs led by people from ethnic
minorities, women or disabled people)
6. Subject of the contract
What are you going to ask
service providers to do in relation to equality?
• What does your own research tell you are the
equality priorities in your area?
• What’s relevant will be different according to the
contract – i.e. providing healthcare to the public v’s
supplying equipment.
• Be specific about what you are expecting providers
to do e.g. information provided to be accessible,
monitor staff diversity and encourage applicants
into non traditional roles.
7. Delivering the contract
Understand the Public Sector Equality Duties
• Make implicit that service providers must
themselves show due regard for the Duties e.g.
– Recruitment policies and practices
– Employment policies and practices
– Appropriate training and support
8. Procurement process
Incorporating equality whilst staying true to
the EU procurement rules.
Commissioners can take account of:
• any findings of discrimination against an employer
by a court or employment tribunals;
• Past record on workforce equality;
• Past record in meeting equality requirements of
previous contracts.
9. Monitoring and management
Collecting the right information, asking the
right questions, doing something with the
data.
• What equality monitoring data on employees is
collected?
• What gaps does it reveal?
• What action is the provider taking to address the
gaps?
• What knowledge does a provider have of local
equality communities and priorities?
10. The Equality Standard
Who is it for?
Organisations of all sizes and from all
sectors who want to demonstrate to
employees, funders, volunteers,
customers and community that they
actively promote equality and value
diversity in all that they do.
11. Holocaust Memorial
Day: 27 th Jan 2013
Communities Together: Build a bridge
• ESW are regional champions for the South
West
• Huge amount of (free) support is
available!
• See www.hmd.org.uk or ring ESW
12. For further info…
…on the Regional Equality Networks,
Equality South West Membership, the
Equality Standard, an HMD campaign pack
or anything else:
www.equalitysouthwest.org.uk
Telephone: 01823 240 260
Twitter: @Equality_SW
