Public Authority Equality Duties Paul McMahon Partner Partner.
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Transcript of Public Authority Equality Duties Paul McMahon Partner Partner.
Public Authority Public Authority Equality DutiesEquality Duties
Paul McMahonPaul McMahon
PartnerPartner
Paul McMahonPaul McMahon
PartnerPartner
Why?Why?Why?Why?
Despite 30 years of Equality Legislation, Despite 30 years of Equality Legislation, discrimination not a thing of the past. discrimination not a thing of the past. Reports indicate:Reports indicate:
Part time women earn 38% less per hour Part time women earn 38% less per hour than full time menthan full time men
17% pay gap between hourly earnings of 17% pay gap between hourly earnings of full time men and full time womenfull time men and full time women
Despite 30 years of Equality Legislation, Despite 30 years of Equality Legislation, discrimination not a thing of the past. discrimination not a thing of the past. Reports indicate:Reports indicate:
Part time women earn 38% less per hour Part time women earn 38% less per hour than full time menthan full time men
17% pay gap between hourly earnings of 17% pay gap between hourly earnings of full time men and full time womenfull time men and full time women
38% of mothers, 11% of fathers and 18% of carers 38% of mothers, 11% of fathers and 18% of carers have left or been unable to take a job because of have left or been unable to take a job because of family/personal commitmentsfamily/personal commitments
42% of disabled people have experienced difficulty in 42% of disabled people have experienced difficulty in accessing public services accessing public services
Over 1,000,000 disabled people are not in work and on Over 1,000,000 disabled people are not in work and on benefits but keen to workbenefits but keen to work
Although 8.4% of population from ethnic minorities, they Although 8.4% of population from ethnic minorities, they are under represented in Central and Local are under represented in Central and Local GovernmentGovernment
38% of mothers, 11% of fathers and 18% of carers 38% of mothers, 11% of fathers and 18% of carers have left or been unable to take a job because of have left or been unable to take a job because of family/personal commitmentsfamily/personal commitments
42% of disabled people have experienced difficulty in 42% of disabled people have experienced difficulty in accessing public services accessing public services
Over 1,000,000 disabled people are not in work and on Over 1,000,000 disabled people are not in work and on benefits but keen to workbenefits but keen to work
Although 8.4% of population from ethnic minorities, they Although 8.4% of population from ethnic minorities, they are under represented in Central and Local are under represented in Central and Local GovernmentGovernment
Equality duties differ from Equality duties differ from other anti-discrimination other anti-discrimination
legislation in two critical wayslegislation in two critical ways
Equality duties differ from Equality duties differ from other anti-discrimination other anti-discrimination
legislation in two critical wayslegislation in two critical ways
Public Authorities have to be proactive in:Public Authorities have to be proactive in: Eliminating discrimination and Eliminating discrimination and
harassmentharassment Promoting equality of opportunity, not Promoting equality of opportunity, not
simply attempting to safeguard against simply attempting to safeguard against discriminationdiscrimination
Public Authorities have to be proactive in:Public Authorities have to be proactive in: Eliminating discrimination and Eliminating discrimination and
harassmentharassment Promoting equality of opportunity, not Promoting equality of opportunity, not
simply attempting to safeguard against simply attempting to safeguard against discriminationdiscrimination
Underlying PrincipleUnderlying PrincipleUnderlying PrincipleUnderlying Principle
To mainstream into public service To mainstream into public service functions a pro-active approach to functions a pro-active approach to the elimination of discriminationthe elimination of discrimination
Affect every public service functionAffect every public service function Duty arises at time of consideration Duty arises at time of consideration
of implementation of policiesof implementation of policies
To mainstream into public service To mainstream into public service functions a pro-active approach to functions a pro-active approach to the elimination of discriminationthe elimination of discrimination
Affect every public service functionAffect every public service function Duty arises at time of consideration Duty arises at time of consideration
of implementation of policiesof implementation of policies
PurposePurposePurposePurpose
To shift onus from individuals to To shift onus from individuals to authoritiesauthorities
To address institutional discriminationTo address institutional discrimination Doesn’t seek equality of outcome but Doesn’t seek equality of outcome but
address disadvantage so as to create a address disadvantage so as to create a level playing field – to build in equality level playing field – to build in equality before discrimination occursbefore discrimination occurs
To shift onus from individuals to To shift onus from individuals to authoritiesauthorities
To address institutional discriminationTo address institutional discrimination Doesn’t seek equality of outcome but Doesn’t seek equality of outcome but
address disadvantage so as to create a address disadvantage so as to create a level playing field – to build in equality level playing field – to build in equality before discrimination occursbefore discrimination occurs
The strands of discrimination The strands of discrimination covered by the equality dutiescovered by the equality dutiesThe strands of discrimination The strands of discrimination covered by the equality dutiescovered by the equality duties
Race (2 April 2001)Race (2 April 2001) Disability (4 December 2006)Disability (4 December 2006) Gender (6 April 2007)Gender (6 April 2007) Both general and specific duties Both general and specific duties
apply in these 3 areasapply in these 3 areas
Race (2 April 2001)Race (2 April 2001) Disability (4 December 2006)Disability (4 December 2006) Gender (6 April 2007)Gender (6 April 2007) Both general and specific duties Both general and specific duties
apply in these 3 areasapply in these 3 areas
Who is subject to the duties?Who is subject to the duties?Who is subject to the duties?Who is subject to the duties?
General duty applies to Public AuthoritiesGeneral duty applies to Public Authorities In respect of Disability and Gender a Public Authority In respect of Disability and Gender a Public Authority
defined as any person “certain of whose functions are defined as any person “certain of whose functions are of a public nature”of a public nature”
In respect of Race the Public Authorities are listed In respect of Race the Public Authorities are listed (more than 43,000 at the last count!)(more than 43,000 at the last count!)
Specific duty applies to listed Public Authorities onlySpecific duty applies to listed Public Authorities only Can also apply to contracted out Public Authority Can also apply to contracted out Public Authority
services and functions and private and voluntary bodies services and functions and private and voluntary bodies carrying out public functions.carrying out public functions.
General duty applies to Public AuthoritiesGeneral duty applies to Public Authorities In respect of Disability and Gender a Public Authority In respect of Disability and Gender a Public Authority
defined as any person “certain of whose functions are defined as any person “certain of whose functions are of a public nature”of a public nature”
In respect of Race the Public Authorities are listed In respect of Race the Public Authorities are listed (more than 43,000 at the last count!)(more than 43,000 at the last count!)
Specific duty applies to listed Public Authorities onlySpecific duty applies to listed Public Authorities only Can also apply to contracted out Public Authority Can also apply to contracted out Public Authority
services and functions and private and voluntary bodies services and functions and private and voluntary bodies carrying out public functions.carrying out public functions.
The General DutyThe General DutyThe General DutyThe General Duty
““In carrying out its functions the Public In carrying out its functions the Public Authority shall have due regard to [the Authority shall have due regard to [the different equality strand-related duties]”different equality strand-related duties]”
FunctionsFunctions Due regardDue regard
– relevancerelevance
– proportionalityproportionality
““In carrying out its functions the Public In carrying out its functions the Public Authority shall have due regard to [the Authority shall have due regard to [the different equality strand-related duties]”different equality strand-related duties]”
FunctionsFunctions Due regardDue regard
– relevancerelevance
– proportionalityproportionality
Gender Equality General DutyGender Equality General DutyGender Equality General DutyGender Equality General Duty
The need to eliminate unlawful The need to eliminate unlawful discrimination and harassmentdiscrimination and harassment
Promote equality of opportunity Promote equality of opportunity between men and women.between men and women.
The need to eliminate unlawful The need to eliminate unlawful discrimination and harassmentdiscrimination and harassment
Promote equality of opportunity Promote equality of opportunity between men and women.between men and women.
Disability Equality General Disability Equality General DutyDuty
Disability Equality General Disability Equality General DutyDuty
Promote equality of opportunity between disabled Promote equality of opportunity between disabled people and other peoplepeople and other people
Eliminate disability discriminationEliminate disability discrimination Eliminate harassmentEliminate harassment Take account of disabilities, even where effect is Take account of disabilities, even where effect is
disabled people are treated more favourably than other disabled people are treated more favourably than other peoplepeople
Promote positive attitudes towards disabled peoplePromote positive attitudes towards disabled people Encourage participation by disabled people in public lifeEncourage participation by disabled people in public life
Promote equality of opportunity between disabled Promote equality of opportunity between disabled people and other peoplepeople and other people
Eliminate disability discriminationEliminate disability discrimination Eliminate harassmentEliminate harassment Take account of disabilities, even where effect is Take account of disabilities, even where effect is
disabled people are treated more favourably than other disabled people are treated more favourably than other peoplepeople
Promote positive attitudes towards disabled peoplePromote positive attitudes towards disabled people Encourage participation by disabled people in public lifeEncourage participation by disabled people in public life
Race Equality General DutyRace Equality General DutyRace Equality General DutyRace Equality General Duty
Eliminate unlawful racial Eliminate unlawful racial discriminationdiscrimination
Promote equality of opportunityPromote equality of opportunity Promote good relations between Promote good relations between
people of different racial groupspeople of different racial groups
Eliminate unlawful racial Eliminate unlawful racial discriminationdiscrimination
Promote equality of opportunityPromote equality of opportunity Promote good relations between Promote good relations between
people of different racial groupspeople of different racial groups
The Specific DutyThe Specific DutyThe Specific DutyThe Specific Duty
Applies to listed bodies onlyApplies to listed bodies only A means to an endA means to an end Requirement to publish equality Requirement to publish equality
schemesschemes
Applies to listed bodies onlyApplies to listed bodies only A means to an endA means to an end Requirement to publish equality Requirement to publish equality
schemesschemes
Gender Equality Specific Gender Equality Specific DutiesDuties
Gender Equality Specific Gender Equality Specific DutiesDuties
Preparation and publication of a Preparation and publication of a Gender Equality SchemeGender Equality Scheme
Publish an equal pay statementPublish an equal pay statement Duty on education authorities in Duty on education authorities in
relation to schoolsrelation to schools
Preparation and publication of a Preparation and publication of a Gender Equality SchemeGender Equality Scheme
Publish an equal pay statementPublish an equal pay statement Duty on education authorities in Duty on education authorities in
relation to schoolsrelation to schools
Gender Equality SchemeGender Equality SchemeGender Equality SchemeGender Equality Scheme
Required to prepare and publish a gender Required to prepare and publish a gender equality scheme by June 2007equality scheme by June 2007
Showing how the Public Authority will Showing how the Public Authority will meet its general and specific dutiesmeet its general and specific duties
Setting out gender equality objectivesSetting out gender equality objectives And actions to achieve these objectivesAnd actions to achieve these objectives
Required to prepare and publish a gender Required to prepare and publish a gender equality scheme by June 2007equality scheme by June 2007
Showing how the Public Authority will Showing how the Public Authority will meet its general and specific dutiesmeet its general and specific duties
Setting out gender equality objectivesSetting out gender equality objectives And actions to achieve these objectivesAnd actions to achieve these objectives
Preparing the SchemePreparing the SchemePreparing the SchemePreparing the Scheme
Consider the need to include pay objectiveConsider the need to include pay objective Consult stakeholders, including trade unionsConsult stakeholders, including trade unions Undertake a gender impact assessmentUndertake a gender impact assessment Gather information on the effect of policies on Gather information on the effect of policies on
women and menwomen and men Implement actions within three yearsImplement actions within three years Report against the scheme every yearReport against the scheme every year and review every three yearsand review every three years
Consider the need to include pay objectiveConsider the need to include pay objective Consult stakeholders, including trade unionsConsult stakeholders, including trade unions Undertake a gender impact assessmentUndertake a gender impact assessment Gather information on the effect of policies on Gather information on the effect of policies on
women and menwomen and men Implement actions within three yearsImplement actions within three years Report against the scheme every yearReport against the scheme every year and review every three yearsand review every three years
Equal Pay StatementEqual Pay StatementEqual Pay StatementEqual Pay Statement
For bodies with at least 150 staffFor bodies with at least 150 staff By 28 June 2007By 28 June 2007 Review and report every three yearsReview and report every three years Separate, but complementary to, the Separate, but complementary to, the
requirement to consider an equal pay requirement to consider an equal pay objectiveobjective
For bodies with at least 150 staffFor bodies with at least 150 staff By 28 June 2007By 28 June 2007 Review and report every three yearsReview and report every three years Separate, but complementary to, the Separate, but complementary to, the
requirement to consider an equal pay requirement to consider an equal pay objectiveobjective
Duty on Education Duty on Education Authorities for SchoolsAuthorities for Schools
Duty on Education Duty on Education Authorities for SchoolsAuthorities for Schools
As well as publishing their own As well as publishing their own scheme Education Authorities must scheme Education Authorities must ensure that schools they manageensure that schools they manage– Gather informationGather information– Undertake impact assessmentsUndertake impact assessments– Carry out steps to meet the dutyCarry out steps to meet the duty– Report on these activitiesReport on these activities
As well as publishing their own As well as publishing their own scheme Education Authorities must scheme Education Authorities must ensure that schools they manageensure that schools they manage– Gather informationGather information– Undertake impact assessmentsUndertake impact assessments– Carry out steps to meet the dutyCarry out steps to meet the duty– Report on these activitiesReport on these activities
Disability Equality Specific Disability Equality Specific DutiesDuties
Disability Equality Specific Disability Equality Specific DutiesDuties
Preparation and publication of a Disability Preparation and publication of a Disability Equality SchemeEquality Scheme
Involve disabled people in producing the Involve disabled people in producing the schemescheme
Demonstrate that actions have been Demonstrate that actions have been taken and outcomes achievedtaken and outcomes achieved
Report on progressReport on progress Review and revise SchemeReview and revise Scheme
Preparation and publication of a Disability Preparation and publication of a Disability Equality SchemeEquality Scheme
Involve disabled people in producing the Involve disabled people in producing the schemescheme
Demonstrate that actions have been Demonstrate that actions have been taken and outcomes achievedtaken and outcomes achieved
Report on progressReport on progress Review and revise SchemeReview and revise Scheme
Disability Equality SchemeDisability Equality SchemeDisability Equality SchemeDisability Equality Scheme List functionsList functions Involve Disabled People in the development of the Involve Disabled People in the development of the
schemescheme Gather Information on the effect of policies and Gather Information on the effect of policies and
practices on disabled peoplepractices on disabled people Have a method statement for impact assessing policies Have a method statement for impact assessing policies
and practicesand practices Identify steps which it is proposed will be taken towards Identify steps which it is proposed will be taken towards
the fulfilment of general duty (the action plan)the fulfilment of general duty (the action plan) Arrangements for reviewing the effectiveness of the Arrangements for reviewing the effectiveness of the
action plan and using the information to review the action plan and using the information to review the schemescheme
List functionsList functions Involve Disabled People in the development of the Involve Disabled People in the development of the
schemescheme Gather Information on the effect of policies and Gather Information on the effect of policies and
practices on disabled peoplepractices on disabled people Have a method statement for impact assessing policies Have a method statement for impact assessing policies
and practicesand practices Identify steps which it is proposed will be taken towards Identify steps which it is proposed will be taken towards
the fulfilment of general duty (the action plan)the fulfilment of general duty (the action plan) Arrangements for reviewing the effectiveness of the Arrangements for reviewing the effectiveness of the
action plan and using the information to review the action plan and using the information to review the schemescheme
Annual ReportAnnual ReportAnnual ReportAnnual Report
To contain a summary of:To contain a summary of:– The steps taken;The steps taken;
– The results of information gatheringThe results of information gathering
– The use made of information gatheredThe use made of information gathered
To contain a summary of:To contain a summary of:– The steps taken;The steps taken;
– The results of information gatheringThe results of information gathering
– The use made of information gatheredThe use made of information gathered
Race Equality Specific DutiesRace Equality Specific DutiesRace Equality Specific DutiesRace Equality Specific Duties
Preparation and publication of a Preparation and publication of a Race Equality Scheme Race Equality Scheme
Review required at 3 yearly intervalsReview required at 3 yearly intervals
Preparation and publication of a Preparation and publication of a Race Equality Scheme Race Equality Scheme
Review required at 3 yearly intervalsReview required at 3 yearly intervals
Race Equality SchemeRace Equality SchemeRace Equality SchemeRace Equality Scheme List functions and policies assessedList functions and policies assessed Set out arrangements for assessing and consulting on Set out arrangements for assessing and consulting on
impact of proposed policies on promotion of race impact of proposed policies on promotion of race equalityequality
monitoring policies for adverse impact on promotion of monitoring policies for adverse impact on promotion of race equalityrace equality
publishing results of assessments and consultations publishing results of assessments and consultations and monitoringand monitoring
ensuring public access to information and servicesensuring public access to information and services training staff in connection with positive dutiestraining staff in connection with positive duties
List functions and policies assessedList functions and policies assessed Set out arrangements for assessing and consulting on Set out arrangements for assessing and consulting on
impact of proposed policies on promotion of race impact of proposed policies on promotion of race equalityequality
monitoring policies for adverse impact on promotion of monitoring policies for adverse impact on promotion of race equalityrace equality
publishing results of assessments and consultations publishing results of assessments and consultations and monitoringand monitoring
ensuring public access to information and servicesensuring public access to information and services training staff in connection with positive dutiestraining staff in connection with positive duties
The Specific Duty on The Specific Duty on EmploymentEmployment
The Specific Duty on The Specific Duty on EmploymentEmployment
Monitoring by reference to racial group should be Monitoring by reference to racial group should be carried out on numbers of staff in post and applications carried out on numbers of staff in post and applications for employment, training and promotionfor employment, training and promotion
If 150 or more full-time staff should also monitor If 150 or more full-time staff should also monitor numbers of staff from each racial group who:numbers of staff from each racial group who:– receive trainingreceive training– benefit or suffer detriment through performance assessment benefit or suffer detriment through performance assessment
proceduresprocedures– are involved in grievance proceduresare involved in grievance procedures– are the subject of disciplinary proceduresare the subject of disciplinary procedures– cease employmentcease employment
Monitoring by reference to racial group should be Monitoring by reference to racial group should be carried out on numbers of staff in post and applications carried out on numbers of staff in post and applications for employment, training and promotionfor employment, training and promotion
If 150 or more full-time staff should also monitor If 150 or more full-time staff should also monitor numbers of staff from each racial group who:numbers of staff from each racial group who:– receive trainingreceive training– benefit or suffer detriment through performance assessment benefit or suffer detriment through performance assessment
proceduresprocedures– are involved in grievance proceduresare involved in grievance procedures– are the subject of disciplinary proceduresare the subject of disciplinary procedures– cease employmentcease employment
The Specific Duty on The Specific Duty on EducationEducation
The Specific Duty on The Specific Duty on EducationEducation
Prepare and publish a race equality Prepare and publish a race equality policy, maintain a copy of it and fulfil policy, maintain a copy of it and fulfil arrangements in itarrangements in it
Assess and monitor impact of Assess and monitor impact of policies on pupils, staff and parents, policies on pupils, staff and parents, focus on pupils’ attainmentfocus on pupils’ attainment
Publish results of monitoringPublish results of monitoring
Prepare and publish a race equality Prepare and publish a race equality policy, maintain a copy of it and fulfil policy, maintain a copy of it and fulfil arrangements in itarrangements in it
Assess and monitor impact of Assess and monitor impact of policies on pupils, staff and parents, policies on pupils, staff and parents, focus on pupils’ attainmentfocus on pupils’ attainment
Publish results of monitoringPublish results of monitoring
Key AspectsKey AspectsKey AspectsKey Aspects
Involve affected groupsInvolve affected groups Obtain and analyse informationObtain and analyse information Review and reportReview and report Implement equality objectivesImplement equality objectives Staff training and expertiseStaff training and expertise Impact assessmentsImpact assessments
Involve affected groupsInvolve affected groups Obtain and analyse informationObtain and analyse information Review and reportReview and report Implement equality objectivesImplement equality objectives Staff training and expertiseStaff training and expertise Impact assessmentsImpact assessments
EnforcementEnforcementEnforcementEnforcement
Judicial ReviewJudicial Review Commission for Equality and Human Commission for Equality and Human
Rights can issue formal assessments Rights can issue formal assessments and issue compliance noticesand issue compliance notices
Judicial ReviewJudicial Review Commission for Equality and Human Commission for Equality and Human
Rights can issue formal assessments Rights can issue formal assessments and issue compliance noticesand issue compliance notices
Examples of the Equality Examples of the Equality Duties in PracticeDuties in Practice
Examples of the Equality Examples of the Equality Duties in PracticeDuties in Practice
Leicester City Council offered building Leicester City Council offered building apprenticeships tailored to suit women. apprenticeships tailored to suit women. Also provided childcare during trainingAlso provided childcare during training
Effect:Effect:– Customer satisfaction improved. Female council Customer satisfaction improved. Female council
tenants able to receive assistance from female tenants able to receive assistance from female workers and appreciated by victims of domestic workers and appreciated by victims of domestic violence, ethnic minorities and the elderlyviolence, ethnic minorities and the elderly
Leicester City Council offered building Leicester City Council offered building apprenticeships tailored to suit women. apprenticeships tailored to suit women. Also provided childcare during trainingAlso provided childcare during training
Effect:Effect:– Customer satisfaction improved. Female council Customer satisfaction improved. Female council
tenants able to receive assistance from female tenants able to receive assistance from female workers and appreciated by victims of domestic workers and appreciated by victims of domestic violence, ethnic minorities and the elderlyviolence, ethnic minorities and the elderly
Guy & St Thomas’s Hospital Trust Guy & St Thomas’s Hospital Trust introduced flexible working and introduced flexible working and alternative shift patternsalternative shift patterns
Effect:-Effect:-– Number of vacancies fell from 44% to 5%Number of vacancies fell from 44% to 5%
– Reduction in level of agency nursing Reduction in level of agency nursing covercover
– Number of operations cancelled due to Number of operations cancelled due to lack of nursing staff dropped by 90%lack of nursing staff dropped by 90%
Guy & St Thomas’s Hospital Trust Guy & St Thomas’s Hospital Trust introduced flexible working and introduced flexible working and alternative shift patternsalternative shift patterns
Effect:-Effect:-– Number of vacancies fell from 44% to 5%Number of vacancies fell from 44% to 5%
– Reduction in level of agency nursing Reduction in level of agency nursing covercover
– Number of operations cancelled due to Number of operations cancelled due to lack of nursing staff dropped by 90%lack of nursing staff dropped by 90%