Public sector equality duty

Produced in partnership with Matt Lewin of Cornerstone Barristers

Practice notes

Public sector equality duty

Produced in partnership with Matt Lewin of Cornerstone Barristers

Practice notes

All public authorities, when exercising any of their functions, are subject to the Public Sector Equality Duty (PSED). The PSED is set out in section 149 of the Equality Act 2010 (EqA 2010).

The PSED requires public authorities, in the exercise of their functions, to have ‘due regard’ to the need to:

•
eliminate Discrimination, Harassment, Victimisation and any other conduct that is prohibited by or under EqA 2010
•
advance equality of opportunity between persons who share a ‘relevant protected characteristic’ and persons who do not share it
•
foster good relations between persons who share a ‘relevant protected characteristic’ and persons who do not share it

EqA 2010, s 149 replaced the previous three separate public sector duties on race, gender and disability equality (Race Relations Act 1976, s 71, Sex Discrimination Act 1975, s 76A and Disability Discrimination Act 1995, s 49A—all repealed), bringing the duties under one statute, and extending the duty to other protected characteristics. Case law relating to the former public equality duties is still relevant when looking at the PSED under

Matt Lewin

Cornerstone Barristers

Matt is a public law barrister, whose clients range from government departments to parish councils. His work includes advocacy in court and at public inquiries, investigations, reviews, training, public speaking and advisory work on a diverse range of public law issues, for clients across England and Wales. He is a member of both the Attorney General's and the Equality and Human Rights Commission's C panels of counsel.

Jurisdiction(s):

United Kingdom

Key definition:

authorities definition

What does authorities mean?

judicial decisions or opinions of authors of repute used as grounds of statements of law;

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