Summary of Statutory Duties to Promote Equality 1. Equality and Human Rights We have legal responsibilities to meet equality and human rights legislation. We also believe there is a strong business case for it. We also have to build relevant equality considerations into its procurement process to ensure that all functions meet the requirements of equality and human rights legislation. Broadly, this legislation aims to create a ‘minimum threshold standard’ beneath which no public body should fall. However we can act as an exemplar of best practice in equality. Legislation that we need to comply with is not neatly contained in one Act but includes:
Equal Pay Act (as amended) 1970 Sex Discrimination Act (as amended) 1975 The Race Relations Act 1976 (as amended by the Race Relations (Amendment) Act 2000) Disability Discrimination Act 1995 Employment Rights Act 1996 Human Rights Act 1998 Part-time Working Regulations 2000 Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 The Gender Recognition Act 2004 The Civil Partnership Act 2004 Disability Discrimination Act 2005 Employment Equality (Age) Regulations 2006 Equality Act 2006 (Gender Equality Duty) Equality Act 2006 – Part 2 (Discrimination on grounds of religion or belief) Equality Act (Sexual Orientation) Regulations 2007 Equality Act 2010
This legislation is widespread and may have different implications in procurement; it also has implications for suppliers and other stakeholders that work with us. The Race Relations (Amendment) Act 200 amends the provisions of the Race Relations Act 1976 and outlaws any racial discrimination in employment, training, education and the provision of goods and services. We have responsibility for ensuring that existing and new suppliers of goods and services under contracts are aware of the requirements of the Race Relations (Amendment) Act 2000 with regard to the duties on public authorities, and the need to observe conditions of contract which safeguard against discrimination. Whilst race equality is more likely to be relevant to contracts for services, it can also be of relevance to contracts for goods or works. Under the RRAA, all reasonable steps are expected to make sure that an external provider of any service assessed as being relevant to the RRAA duty, meets the same race equality standards as providing those services internally. An example of a contract for services highly relevant to the RRAA is one to supply vehicles, drivers, and transport to day centres for elderly and disabled people from different ethnic groups requiring the contractor to provide suitable training to all staff who have contact with their passengers,
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and to take other reasonable measures to ensure that any cultural sensitivities of people from different ethnic groups are respected. 2. Duty to promote race equality We have a general duty to promote race equality. Where we have a contract or other agreement with another organisation to carry out any of its functions, we remain responsible for meeting the general and specific race equality duties where they apply to those functions that have been contracted out. We are, therefore, required to have arrangements in place to ensure that the third party organisation fulfils these duties. We remain responsible for meeting the general and specific duties while we are working in partnership with other public, private or voluntary organisations. General duty We have a duty to have due regard, in carrying out its functions, to the need to:
Eliminate unlawful discrimination. Promote equality of opportunity. Promote good relations between people of different racial groups.
Four principles govern the general duty:
It is obligatory for us to promote race equality. We should assess the relevance of its various functions to the promotion of race equality, and make race equality a central part of those functions where it is relevant. The weight given to race equality should be proportionate to its relevance. The three elements of the duty are complementary, and support each other. We should also consider and deal with all three parts of the general duty.
In order to meet the general duty the we should consider the following four steps:
Identify which functions and policies are relevant to the duty. Prioritise functions and policies in relation to the level of impact they have, or can potentially have, on race equality. Assess if the relevant functions and policies are currently being carried out in a way that meets the three parts of the duty. Consider if any changes are needed to meet the duty, and make the changes.
A contractor has a contractual obligation to have due regard to the need to eliminate unlawful racial discrimination and to promote equality of opportunity and good relations between persons of different racial groups. Specific duty: Race Equality Scheme In addition to the ‘general’ duty, we must also comply with a series of specific duties including the preparation of a RES. The RES must include:
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A list of those functions and policies which we have assessed as being relevant to eliminating racial discrimination, promoting equality of opportunity or promoting good relations between different racial groups. The arrangements for assessing and consulting on the likely impact of its future actions and proposed policies on race equality, usually known as Race Equality Impact Assessments (REIAs). The arrangements for monitoring its functions and policies for any adverse impact on race equality. The arrangements for publishing the results of REIAs, consultation and monitoring. The arrangements for ensuring public access to information and services that it provides. The arrangements for training staff in connection with these duties.
The RES must be reviewed and published again once every 3 years. Specific duty: Employment monitoring In relation to employment, monitoring must be carried out in the following: staff in post and applicants for jobs, promotion and training. In addition, public authorities with more than 150 employees must monitor ethnicity and publish annually the results of: training, grievances, disciplinary procedures, performance appraisal, and dismissals and other reason for leaving. 3. Duty to promote disability equality General duty Like all public bodies, we are subject to the general duty to promote disability equality. This means we are required to give due regard, in carrying out its functions, to the need to:
Promote equality of opportunity between disabled persons and other persons. Eliminate discrimination that is unlawful under the Disability Discrimination Act (DDA). Eliminate harassment of disabled persons that is related to their disabilities. Promote positive attitudes towards disabled persons. Encourage participation by disabled persons in public life. Take steps to take account of disabled persons’ disabilities, even where that involves treating disabled persons more favourably than other persons.
In all its decisions and functions we should give due weight to the need to promote disability equality in proportion to its relevance. Disability equality will be more relevant to some functions than others and we should assess the relevance of disability equality to its various functions. Proportionality requires greater consideration to be given to disability equality in relation to functions or policies that have the most effect on disabled people. Where changing a function or proposed policy would lead to significant benefits to disabled people, the need for such a change will carry added weight when balanced against other considerations.
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The key mechanisms required to meet the general duty are:
Assessing the actual/potential impact of each of the organisation’s functions on disability equality. Gathering and analysing evidence. Prioritising remedial actions. Involving disabled people. Public reporting (transparency).
Specific duties The We need to:
Publish a Disability Equality Scheme (DES) demonstrating how it intends to fulfil its general and specific duties. Involve disabled people in the development of the DES.
The DES should include a statement of:
The way in which disabled people have been involved in the development of the DES. The methods for assessing the impact of its functions, actions and policies (and proposed functions, actions and policies) on disability equality. Steps that we will take towards fulfilling its general duty (the ‘action plan’). The arrangements for gathering information on disabled people in relation to employment and its functions, in particular information on recruitment, development and retention of disabled employees. The extent to which it takes account of the needs of disabled persons in delivering its functions. The arrangements for putting the information gathered to use, in particular reviewing the effectiveness of the action plan and in preparing subsequent DESs.
We must publish annually a report containing a summary of the steps taken under the action plan, the results of information gathering, and the use to which it has put the information. Within three years of publishing its first DES, we must:
Take the steps set out in its action plan (unless it is unreasonable or impractical for it to do so). Put into effect the arrangements for gathering and making use of information. Review its DES and publish a revised Scheme (and every three years thereafter).
4. Duty to promote gender equality General duty We have a duty to have due regard, in carrying out its functions, to the need to:
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Eliminate unlawful sex discrimination and harassment (this includes breaches of the 1970 Equal Pay Act). Promote equality of opportunity between men and women.
This general duty applies to us in respect of all of its functions, including as an employer. It also applies to functions that are contracted out. The concepts of proportionality and relevance apply to this duty also. Specific duties We have a specific duty to publish a Gender Equality Scheme (GES). The GES will show how we intend to meet the general and specific duties and set out its gender equality objectives. In formulating its overall gender equality objectives, we must consider the need to have objectives to address the causes of any gender pay gap. In preparing its GES, we will:
Consult employees, services users and others (including trade unions). Take into account any information it has gathered or considers relevant as to how its policies and practices affect gender equality in the workplace and in the delivery of its functions.
The GES will set out the actions we have taken or intends to take to:
Gather information on the impact of its policies and practices on men and women, in employment, services and performance of its functions. Use the information gathered to review the implementation of the scheme objectives. Assess the impact of its current and future polices and practices on gender equality. Consult relevant employees, service users and others (including trade unions). Ensure implementation of the scheme objectives.
We must:
Implement its identified gender equality objectives within three years of publishing its GES (unless unreasonable or impracticable). Publish an annual report summarising the actions it has taken forward achieving its gender equality objectives. This may be published as part of another published document. Review its GES within three years and publish a revised scheme.
5. Equality Act 2010 The Equality Act 2010 consolidates existing equality law into a single piece of legislation. The single duty will continue to cover race, gender and disability, but will be extended to cover age, sexual orientation, religion or belief, pregnancy and maternity, and gender reassignment. These are described as protected characteristics. The Act, which is due to be implemented in between October 2010 and April 2011, states that a public authority must, in the exercise of its functions, have due regard to the need to:
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• • •
Eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by this Act 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.
In practical terms this means that all publicly funded bodies will have a duty to proactively promote equality across the board and to remove any barriers to fair service provision. We are, therefore, required not only to respond to, but also anticipate discrimination and identify, consider and accommodate, for example, the needs of lesbian and gay service-users in the design and delivery of all services by consulting and involving them. The Act also introduces a new duty for public bodies to have due regard to the desirability of reducing socio-economic disadvantage when making strategic decisions. Under the Act, private sector firms bidding for government contracts will have to publish details of their diversity policies and public sector organisations will use public procurement to drive equality and hold firms to account. This includes the use of proportionate equality-related criteria and equality-related contract conditions where they relate to performance on the contract. A new tool, the National Equality Framework for Business is being developed and is due for completion by Spring 2011. This new benchmarking and improvement tool will help businesses understand equality rules and become better equality employers.
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