My role
My role
The PSED (or general duty) has three aims or limbs. In section 149(1) of the Equality Act 2010, organisations are asked in the exercise of their functions to have due regard to the need to:
Having due regard to the need to advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it, involves having due regard, in particular, to the need to:
It should be noted that the steps involved in meeting the needs of disabled persons that are different from the needs of persons who are not disabled include, in particular, steps to take account of the disabled person’s disabilities. (The Act, section 149(4))
Having due regard to the need to foster good relations between persons who share a relevant protected characteristic and persons who do not share it, involves having due regard, in particular, to the need to:
Who does the PSED apply to?
The PSED applies to all NHS organisations including FTs, listed in Schedule 19 to the Act. But the Act also states that a person who is not a public authority, but who exercises public functions, must in the exercise of their functions have due regard to the PSED. (The Act, section 149(2))
What are the protected characteristics?
Nine characteristics are protected by the Act:
(The Act, chapter 1)
Marriage and civil partnership does not apply to the PSED, but organisations must be mindful of the other provisions of the Act that prohibit discrimination on the grounds of marriage and civil partnership. (The Act, section 148(7))
Page created on January 26th, 2012
Page updated on January 26th, 2012