Equality duty remains

While the duty to consider socio-economic disadvantage is shelved, the public sector duty to take action on inequality remains.

You may have seen the media reports this week saying that Teresa May had announced that the government were abandoning the public sector duty in the new Equality Act 2010.

This is not the case. Teresa May, Home Secretary and Minister for Women and Equality, in a speech at Coin Street Community Centre in London said that the new government would not be enacting the first clause of the Equality Act. This clause places a duty on public bodies to consider socio-economic disadvantage when making strategic decisions. The Minster was concerned that this could skew spending towards certain areas that are more disadvantaged.

The new single public sector duty will still come into force in April 2011. This duty requires public bodies to demonstrate that they are taking action on inequality in policy making, delivering services and in employment.

Most of the Act came into force in October 2010. The socio-economic duty is the first provision that the new government has decided not to take forward in the Act.

Provisions that the government are still considering include:

  • Dual discrimination
  • Duty to make reasonable adjustments to common parts of leasehold and commonhold premises and common parts in Scotland
  • Gender pay gap information
  • Provisions relating to auxiliary aids in schools
  • Diversity reporting by political parties
  • Positive action in recruitment and promotion
  • Provisions about taxi accessibility
  • Prohibition on age discrimination in services and public functions
  • Family property
  • Civil partnerships on religious premises

Oonagh Smyth
Policy Manager, Westminster Equalities Partnership