Equality and Diversity Legislation

Outlines the principles behind the Equality Act 2010, especially the Public Sector Equality Duty.  Provides a link to further information on the Equality Act

The Equality Act 2010

The Equality Act 2010 came into force on 1 October 2010. It simplifies, strengthens and consolidates existing legislation on discrimination and equality. It also brings together disability, sex, race and other equality strands (now known as 'protected characteristics') into one document and establishes new ones. Some provisions of the Equality Act were to be introduced at later times, such as the Public Sector Equality Duty, which came into force on 5 April 2011.

The Equality Act identifies nine 'protected characteristics'. They cannot be used as a reason to treat people unfairly. As every person has one or more protected characteristics, the Act protects everyone against unfair treatment. The protected characteristics are:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race
• Religion and belief
• Sex
• Sexual orientation.

Many of the definitions/characteristics listed in the Act have been taken or adapted from previous equality laws.

The Equality Act sets out the different ways in which it is unlawful to treat someone, such as direct and indirect discrimination, harassment, victimisation and failing to make a reasonable adjustment for a disabled person.

It prohibits unfair treatment in the workplace, when providing goods, facilities and services, when exercising public functions, in the disposal and management of premises, in education and by associations (such as private clubs).

The Public Sector Equality Duty

The Equality Act 2010 (in section 149) established the public sector equality duty, which replaces the race, disability and gender equality duties. It is made up of a general equality duty, supported by specific duties.

The general equality duty came into force in April 2011 and covers the protected characteristics. It applies not only to public authorities, such as Solihull Council, but also to organisations that exercise public functions on their behalf, such as contractors.

In summary, those subject to the general equality duty must have due regard to the need to:

• Eliminate unlawful discrimination, harassment and victimisation
• Advance equality of opportunity between different groups
• Foster good relations between different groups.

Note: The protected characteristic of marriage and civil partnership is only covered in terms of the first part of the duty, the need to eliminate discrimination.

Public authorities are also subject to specific equality duties, which are intended to demonstrate performance of the general equality duty. They are required to:

• Publish sufficient information to demonstrate compliance with the general equality duty across their functions. This must be done by 31 January 2011 (and by 6 April 2011 for schools), and at least annually after that.
  
• Prepare and publish equality objectives that they reasonably think they should achieve to meet one or more aims of the general equality duty. They must also publish details of how they have involved interested parties in developing those objectives. This must be done by 6 April 2011 and at least annually after that.

Solihull Council is publishing the information required to meet these specific equalities duties through our webpage: The Public Sector Equality Duties: Solihull Council's Information and Objectives.

Further information on the Equality Act 2010 is available in the attachments section on the right of this page.