Introduction
Are you concerned about unfair treatment by a public service? This article will help you understand the Public Sector Equality Duty, a vital aspect of the Equality Act 2010 that protects your rights. Discover how public authorities are required to promote fairness and equality in their services, and learn about the characteristics that are protected under the law. If you need assistance navigating these issues, Contend’s highly trained AI legal experts are here to provide guidance and help you resolve your legal problems. With Contend, you can access the easiest legal help in the UK.
If you’ve ever felt that you were treated unfairly by a public service, it’s important to know that the Equality Act 2010 has provisions to help protect your rights. One key component of this law is the public sector equality duty. This duty requires public authorities—like schools, local councils, and government departments—to think about equality when they make decisions about how to provide services.
What is the Public Sector Equality Duty?
The public sector equality duty is all about ensuring fairness and equality in public services. It requires public authorities to:
- Eliminate unlawful discrimination: This means they must work to prevent unfair treatment based on certain characteristics.
- Advance equality of opportunity: They should take steps to improve access and opportunities for people who may be disadvantaged.
- Foster good relations: Authorities should encourage understanding and cooperation between different groups in society.
What Are Protected Characteristics?
The law protects individuals based on certain characteristics, known as protected characteristics. These include:
- Race
- Sex
- Disability
- Age
- Religion or belief
- Sexual orientation
- Gender reassignment
- Pregnancy and maternity
Public authorities are not allowed to discriminate against anyone based on these characteristics. However, it’s worth noting that while marriage and civil partnership are also recognized, they are not included in the public sector equality duty.
When Don’t Public Authorities Have to Comply?
While the public sector equality duty is important, there are specific situations where public authorities are not required to follow it:
1. Judicial Functions
When public authorities are acting in a judicial capacity—like when courts are making decisions—they do not have to consider the public sector equality duty. This means that judges focus solely on the law and the specifics of the case at hand.
2. Age-Related Exceptions
In certain areas, particularly concerning children and education, public authorities may not need to consider equality when it comes to age. For example:
- Schools don’t have to think about equality between students of different ages.
- Children’s homes don’t have to consider age when providing services.
However, they still must consider equality for other characteristics, such as religion or disability.
3. Immigration Functions
When it comes to immigration, public authorities are not required to advance equality of opportunity concerning age, religion, or race. For instance, immigration officers do not need to consider these aspects when making decisions about visas or residency. Nevertheless, they still must consider equality for other protected characteristics, such as sexual orientation or disability.
What Can You Do?
If you believe that a public authority has not complied with the public sector equality duty, there are steps you can take:
- Try Contend’s Legal Expert Chat: Contend’s highly trained AI legal experts will work with you to provide guidance and help you understand and resolve your legal problems. This is the Easiest Legal Help in the UK.
- Contact the Equality and Human Rights Commission (EHRC): They offer guidance on discrimination and the public sector equality duty. Visit their website for more information: www.equalityhumanrights.com.
Understanding your rights under the public sector equality duty can empower you to seek fair treatment from public services. If you ever feel that your rights have been overlooked, don’t hesitate to reach out for support.
For more info, check out some of our related articles:
- Navigating Discrimination Laws: Your Rights in the UK
- Fight Discrimination in UK Services: Your Rights Under Equality Act 2010
- Guide to Fighting Discrimination by UK Public Authorities
- How to Fight Discrimination: Legal Steps Under Equality Act 2020
- Transgender Rights in the UK: Combat Discrimination with the Equality Act
