The PSED, or Public Sector Equality Duty, is a set of rules that public authorities in the UK must follow when exercising their functions to ensure fairness and equal treatment.

The PSED requires them to have ‘due regard’ to the following: eliminating discrimination, harassment and victimisation (covering all protected characteristics under the Equality Act 2010 - age, disability, gender reassignment, marriage or civil partnership (in employment only), pregnancy and maternity, race, religion or belief, sex, sexual orientation); advancing the equality of opportunity between people, with or without a protected characteristic; and fostering good relations between people with or without a protected characteristic.

The Government publishes new guidance on the Public Sector Equality Duty – it updates the 2011 guidance. 

What’s the purpose of the guidance?

 The PSED has no set or prescribed outcomes and, as outlined above, is wide and seemingly all-encompassing in its application.  As such, it needs some boundaries and practical understanding.  The guidance is designed to do both these and give some more clarity and explanation of what it means to comply with the duty (both general and specific).

One particularly useful section in this updated guidance is the Myth Buster - taking 8 misconceptions of the duty and unpacking them which provides a useful tool.  I would imagine that managers and staff who are navigating the PSED in practice would have liked more busted myths!

Is this guidance relevant to your organisation?

If your organisation comes under the definition of ‘public authority’ within the PSED then this guidance is a key document. It’s important to note here that ‘public authorities’ is widely defined and includes but is not limited to: 

• local councils
• private companies running enterprises on behalf of a local authority (in certain situations) 
• state schools
• police forces 

Why does the guidance matter?

The guidance is non-statutory so there is no legal obligation to comply with it. It is, however, something a court or regulator is likely to consider when looking at the reasonableness of non-compliance.

Failure to comply with the PSED can be costly. Costly as you may be subject to an Equality and Human Rights Commission assessment, you may be required by a court order to remedy failures or be subject to judicial review and/or have a breach made public via a declaration. All of these will likely have significant associated costs and could cause lasting reputational damage.

What do we advise?

Our advice is to use the guidance as both a starting and reference point to ensure compliance.  If we can help provide further guidance, support or clarification please do contact us. We have a range of training materials which cover the Equality Act 2010 and its implications.

If you consider your organisation would benefit from additional training, whether that be an ‘off the peg’ course or a bespoke session which addresses particular concerns in your organisation, then please contact us.