Public Sector Equality Duty

The Equality Act 2010 introduced a general public sector equality duty, which public bodies, including universities, have to meet. The general duty has three aims and requires public bodies to have due regard to the need to:

1. Eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Equality Act 2010, which means eliminating discrimination, harassment, victimisation, failure to make reasonable adjustments and any other conduct that is prohibited by or under the act.
2. Advance equality of opportunity between people from different groups. This means having due regard, in particular, to the need to:
   • remove or minimise disadvantages suffered by people due to their relevant protected characteristics
   • take steps to meet the different needs of people who share a relevant protected characteristic
   • encourage participation in public life or any other activity by underrepresented groups
   • take steps to meet the different needs of disabled persons

   Considering people’s different needs and taking steps to meet those needs can be relevant to avoiding indirect discrimination. There are specific provisions in the act about making reasonable adjustments for disabled people.

3. Foster good relations between people from different groups. This involves tackling prejudice and promoting understanding between people from different groups.

What does having ‘due regard’ mean?

“Having due regard” means properly considering the 3 aims identified in the act, and how they relate to the function you are exercising and then deciding what weight to give them. It is not a duty to achieve a particular outcome. The level of “due regard” considered sufficient in any context depends on the facts. A proportionate approach should be taken to the resources spent on duty compliance, depending on the circumstances of the case and the seriousness of the potential equality impacts on those with protected characteristics.

For example, if you were looking at a new policy with potential impact across all staff groups, you would likely have to assess the three aims in depth. But if you were buying office equipment or hosting an internal event, your assessment may be brief or limited to the effect on disabled people.

You may exercise functions that have no equality impact, but it may then be useful to note that you took the duty into account and did not consider it relevant.

Read further: Public Sector Equality Duty guidance on YouGov website

The general duty is underpinned by specific duties. The specific duties aim to help public bodies perform better in meeting the general equality duty and require the University to publish:

• equality objectives, at least every four years
• information to demonstrate their compliance with the equality duty, at least annually (by 31 January each year)

Why is equality data monitoring important, and how can I use this information?

It is both a requirement and good practice to know the composition of our student body and workforce so that issues of under-representation can be addressed and needs provided for. The University uses equality data to understand whether people from all backgrounds are being treated fairly. Even in equality areas where there is no legal requirement to monitor, it is good practice for the University to know whether its services are accessible and used by all groups, so that issues of under-representation can be addressed.

Monitoring gives equal opportunities credibility and integrity and it is the basic foundation for evaluating the extent of diversity.  The results of equality monitoring can inform the effective use of resources, improve competitiveness by attracting and retaining staff, and enhance service delivery by attracting a diverse range of students.

Equality data can be used to monitor the effects of policies, practices and activities on staff and students from all equality groups and identify where there may be an adverse effect on particular groups. Without equality monitoring, the University will never know whether its equality policies are working. In turn, this can help to identify positive changes that can be made to improve equality and diversity in every aspect of University life including student access, satisfaction or accommodation and staff recruitment employment or training.

So whether you are member of staff, a current student or considering working or studying here at Leeds, take a look at our monitoring information to make an informed choice about changing any existing academic or service provision to meet the needs of our evolving diverse student population, or make a choice to apply to study or work at Leeds because of the inclusive culture of our campus!

Take a look at our Staff and Student Equality Data.

Accessibility

If you would like more information about anything contained within the reports, or if you require the information in alternative formats, please contact the Equality & Inclusion Unit [email protected]