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(Race Relations Act 1976, s 71, Sex Discrimination Act 1975, s 76A and Disability Discrimination Act 1995, s 49A—all repealed), consolidating those duties within a single statute, and extending the duty to other protected characteristics as well.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