Equality and Human Rights Commission

What is the gender equality duty?

The gender equality duty was introduced into legislation in the Equality Act 2006, amending the Sex Discrimination Act. It means that public bodies must have ‘due regard’ to the need to:

• to eliminate unlawful sex discrimination and harassment (including for transsexual people)
• to promote equality of opportunity between men and women

You can view the gender equality duty code of practice here.

What are the specific duties for England?

The specific duties require all listed public bodies to produce a gender equality scheme showing how it intends to fulfil the general and specific duties. It should also set out the gender equality objectives that the authority has identified for meeting the duty.

In preparing a scheme, public bodies should:

• Consult employees, service users and others (including trade unions)
• Take into account any information it has gathered on how its policies and practices affect gender equality in employment and the delivery of services
• In formulating its gender equality objectives, consider the need to have objectives to address the causes of any gender pay gap.

The scheme should:

• Set out how the authority will gather information on the gender equality in employment, services and performance of its functions
• Use this information to review the implementation of the scheme’s objectives
• Assess the impact of its current and future policies and practices on gender equality
• Consult relevant employees, service users and others (including trade unions)
• Ensure implementation of the scheme objectives.

The scheme should be implemented within three years. Public authorities should report on progress annually and review and revise the scheme at least every three years.

What are the specific duties for Wales?

There are currently no specific gender duties for Wales. However, in the interests of clarity and transparency, public authorities are advised to develop a gender equality scheme outlining their gender equality objectives and the action that is being taken to achieve them. They should prioritise action to address the most significant gender inequalities within their remit and take actions that are likely to deliver the best outcomes for gender equality.

What are the specific duties for Scotland?

The specific duties for Scotland are the same as for England but in addition, listed Scottish public bodies with at least 150 full time equivalent staff must publish an equal pay policy statement, and report on this every three years.

Scottish Ministers must publish reports every three years, in addition to the Scottish Executive’s equality scheme and equal pay statement. These reports will set out the priority areas which Ministers have identified for advancement of equal opportunities across the public sector, and provide a summary of progress made in these priority areas by the public sector.