What is the Public Sector Equality Duty (PSED)?

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:

• eliminate discrimination, harassment and victimisation and other conduct prohibited under the Act
• advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it
• foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

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:

• remove or minimise disadvantages suffered by persons who share a relevant protected characteristic that are connected to that characteristic
• take steps to meet the needs of persons who share a relevant protected characteristic that are different from the needs of persons who do not share it
• encourage persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low. (The Act, section 149(3))

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:

• tackle prejudice
• promote understanding. (The Act, section 149(5))

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:

• age
• disability
• gender re-assignment
• marriage and civil partnership
• pregnancy and maternity
• race including colour, nationality and ethnic or national origins
• religion or belief, including a lack of religion or belief, and where belief includes any religious or philosophical belief
• sex
• sexual orientation, meaning a person’s sexual orientation towards persons of the same sex, persons of the opposite sex and persons of either sex.

(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))

• The infomration on this page appeared as Appendix A of the NHS publication: Guidance on meeting the specific duty: publishing information to demonstrate compliance (January 2012)