David Thorneloe
David has over two decades’ experience as a senior lawyer in the UK Government, advising on public law issues and the development of policy and legislation. His posts included adviser to the Attorney General on EU law, the constitution and devolution; Head of Employment Law in the Department for Business; and Head of EU law, Legislation and Litigation in the Department for Exiting the EU. He now advises clients in the private and public sectors on issues of public law, legislation and government.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2000
Experience
- Pinsent Masons (2020 - Present)
- Government Legal Department (1998 - 2020)
Education
- University of Warwick (1996)
2 Contributions by David Thorneloe
PRACTICE NOTES
Public Sector Equality Duty under the Equality Act 2010: scope, application to public functions and contractors, due regard and EIAs, positive action, exceptions, case law and judicial review (Great Britain)
Every public authority, when carrying out any of its functions, is subject to and must comply with the Public Sector Equality Duty (PSED). The PSED is contained in section 149 of the Equality Act 2010 (EqA 2010). In performing their functions, public authorities are required to have due regard to the need, in particular, to:
eliminate discrimination, harassment, victimisation and any other conduct prohibited by or under the EqA 2010
advance equality of opportunity between persons who share a relevant protected characteristic and those who do not
foster good relations between persons who share a relevant protected characteristic and those who do not
EqA 2010, s 149 replaced the earlier trio of standalone 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(Race Relations Act 1976, s 71, Sex Discrimination Act 1975, s 76A and Disability Discrimination Act 1995, s 49A—all repealed), consolidating those duties within a single statute, and extending the duty to other protected characteristics as well. Case law relating to the former public equality duties remains relevant when considering the PSED under EqA 2010.
Overview of the PSED
EqA 2010 is the main anti-discrimination statute in UK law. The PSED is, by nature, a procedural duty under it...
Public Law
PRACTICE NOTES
Specific public sector equality duties (England): compliance with the PSED via SDPAR 2017—publishing equality information, setting measurable objectives, coverage of listed authorities, guidance, enforcement, procurement, and data protection.
The public sector equality duty (PSED)
The PSED, set out in Part 11 of the Equality Act 2010 (EqA 2010), comprises a general equality duty—the overarching substance of the obligation—supported by specific duties intended to assist delivery of that general duty. For background, see Practice Note: Public sector equality duty.
This Practice Note explains how the specific duties require public bodies to act transparently in meeting the PSED, requiring them to:
publish relevant, proportionate information evidencing compliance with the PSED
set and publish specific, measurable equality objectives
The specific duties do not replace the general PSED. Public bodies subject to them must fulfil the specific duties to support overall compliance with the general duty. These duties also enable monitoring and demonstration of that compliance. As a result, public authorities can be held to account by their service users for decisions taken, and equality aims remain firmly in the minds of decision-makers. Under EqA 2010, s 153, ministers have power, by secondary legislation, to impose specific duties on public authorities exercising public functions...
Public Law
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