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Public Sector Equality Duty

 

The Equality Act 2010 replaces previous anti-discrimination law, consolidating it into a single act. The Act introduced new measures that have direct implications for our University as a public body.

The public sector equality duty (PSED) came into force on 5 April 2011, replacing the previous separate equality duties for race, disability and gender. The PSED consists of a General Duty supported by Specific Duties. In Scotland the specific duties came into force on 27 May 2012.  All Scottish Universities and Colleges are covered by the general duty and the specific duties.

The PSED consists of a general duty and specific duties.

The general duty consists of three main needs (set out in section 149 of the Equality Act 2010). These are underpinned by specific duties (set out in the secondary legislation that accompanies the Act). The specific duties are intended to assist public bodies to meet the general duty.

For the PSED the relevant protected characteristics are:

The PSED 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.

General Duty

 

The general duty has three needs. It requires public bodies in the exercise of their functions, to have due regard to the need to:

The general duty is supported by specific duties.

Specific Duties

 

In Scotland, the general duty is underpinned by specific duties set by the Scottish parliament. These specific duties came into force on 27 May 2012.

The specific duties aim to help Higher Education Institutions (HEIs) to better meet the general duty. They are designed to help develop evidence-based policies and practices, improve transparency and accountability, and deliver better outcomes for everyone in Scotland. It is important to note that institutions must meet both the general duty and the specific duties – it is not enough to meet the specific duties alone.

To meet the specific duties, Scottish HEIs need to:

The specific duties can be found in full at: www.legislation.gov.uk/ssi/2012/162/contents/made

Specific duties for Scotland: publishing requirements

 

Date

Colleges and HEIs must publish:

By 30 April 2013

A report on mainstreaming the general duty (which includes employee information if not published elsewhere)

A set of equality outcomes, prepared using involvement and evidence, and reasons if the equality outcomes do not cover every protected characteristic

Gender pay gap information

A statement on equal pay and occupational segregation relating to men and women

By 30 April 2015

A report on mainstreaming the general duty (which includes employee information)

A report on progress made towards achieving the set of equality outcomes

Gender pay gap information

By 30 April 2017

A report on mainstreaming the general duty (which includes employee information)

A set of equality outcomes, prepared using involvement and evidence, and reasons if the equality outcomes do not cover every protected characteristic

A report on progress made towards achieving the previous set of equality outcomes

Gender pay gap information

A statement on equal pay and occupational segregation for gender, race and disability

University of Dundee’s individual reports for April 2015

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