EHRC Technical Guidance on the Public Sector Equality Duty: England

In brief

Detailed technical guidance from the EHRC on how the Public Sector Equality Duty (s.149 EA2010) operates in England. Covers the three aims of the duty (eliminate discrimination, advance equality of opportunity, foster good relations), how to demonstrate compliance, and practical steps for public bodies.

Key provisions

• holding-1 — The three aims of the PSED: Sets out the three aims of the PSED: eliminating discrimination, advancing equality of opportunity, and fostering good relations between groups sharing different protected characteristics.
• holding-2 — What 'due regard' means in practice: Explains what "due regard" means in practice: it must be exercised with rigour, an open mind, and as an integral part of decision-making, not as a retrospective box-ticking exercise.
• holding-3 — How to demonstrate compliance: Provides guidance on how public bodies can demonstrate compliance with the PSED, including Equality Impact Assessments, published equality objectives, and annual reporting.
• holding-4 — Decision-making processes and record-keeping: Guidance on decision-making processes and record-keeping: public bodies must record their consideration of equality and keep evidence of the due regard process.

When relevant

Public sector organisations designing trans inclusion policies. The PSED requires consideration of ALL protected characteristics — sex AND gender reassignment — not just one.