Equality Act 2010

Protected Characteristics:

For further information on how the University is meeting the Equality Duty follow the links below:

Information and Guidance

For information on what comprises due regard and how to demonstrate it, see guidance from the ECU.

 

 

 

The Public Sector Equality Duty

1. The General Duty

The general duty has three aims. It requires Higher Education Institutions, in the exercise of their functions, to show due regard to the need to:

  • eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Act
  • advance equality of opportunity between people from different groups. This involves considering the need to:
    • Remove or minimise disadvantages suffered by people due to their protected characteristics
    • Meet the needs of people with protected characteristics
    • Encourage people with protected characteristics to participate in public life or in other activities where their participation is low
  • foster good relations between people from different groups

In order to demonstrate due regard, institutions must consider the three aims of the general duty when making decisions as employers and education and service providers; for example, when:

  • developing, evaluating and reviewing policies
  • designing, delivering and evaluating services, including
    education provisions
  • commissioning and procuring services from others

To comply with the general duty, institutions may treat some people more favourably than others, as far as this is allowed by UK and European anti-discrimination law. The general duty also explicitly recognises that disabled people’s requirements may be different from those of non-disabled people. HEIs are required to take account of disabled people’s impairments and must make reasonable adjustments for disabled people: (Equality Challenge Unit: 2011)

The duty covers the following protected characteristics recognised within the Equality Act: age, disability, gender re-assignment, pregnancy and maternity, race, religion/belief/non-belief, sex, sexual orientation and replaces the former race, disability and gender equality duties. It also applies to marriage and civil partnership, but only in respect of the requirement to have due regard to the need to eliminate unlawful discrimination in employment.

The purpose of the Equality Duty

  • to integrate consideration of equality and good relations into the day-to-day business of public authorities
  • to ensure equality considerations are reflected into the design of policies and the delivery of services

For further information see: Introduction to the Equality Duty - ECHR guidance

2. Specific Duties

The focus of the specific duties is transparency in how Higher Education Insititutions are responding to the equality duty. Institutions must meet both the equality duty and the specific duties - it is not enough to meet the specific duties alone.

There are three specific duties:

  • Publication of information: Higher Education Institutions must publish, no later than 31 January 2012, information to demonstrate compliance with the equality duty. For information about how the University of York is demonstrating compliance with the equality duty, see web page: Equality Information.
  • Equality objectives: Higher Education Institutions must prepare and publish by 6 April 2012, one or more specific and measurable objective(s) that it thinks it should achieve to meet any of the three aims of the equality duty
  • Manner of publication: Higher Education Institutions must publish information and equality objectives in a manner that is accessible to the public. They may be within another published document.

Further information, advice and guidance

 

Public Sector Equality Duty:

Introduction to the Equality Duty Equality and Human Rights Commission Guidance

How do we demonstrate due regard? Equality Challenge Unit Guidance

 

Updated by the Equality and Diversity Adviser

May 2013

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