Equality and the law

As a matter of course any engagement activity should monitor the gender, age, ethnicity and disability status of its participants. Additional monitoring of faith and sexuality should be included if practically possible. Monitoring your activities is one way to prove that you are complying with the equality duties listed below. The information here is intended to make you think about equality within your work, even if you are an organisation which is not covered by equality legislation it would be good practice to make sure you take these issues seriously. Links to reliable websites have been included so that you can view summaries or guidance relating to the pieces of legislation mentioned here. The IDeA website has useful summaries of equality legislation.

Partners should note that whilst every attempt has been made to ensure that this information is accurate and up to date this page is intended to promote good practice and should not be seen as constituting legal advice.

Here is the equality monitoring form used by Partners IN Salford. This form allow you to know exactly who is participating in any activities you are hosting. We are currently looking at the revising the form to include questions on religion, sexuality and age.This will tell you whether you are reaching out to all sections of the community equally, and if they not it allows you to adjust your activities to make sure that they do not unintentionally exclude anyone.

It would be good practice to ensure that your engagement activities are as inclusive as possible and take into account the six areas of equality listed below:

Age
Disability
Gender
Race and ethnicity
Religion or belief
Sexual orientation

1. Employment Equality (Age) Regulations 2006

Currently there is no age equality duty although Age Concern has produced a report which argues the case for one. From October 2006 it has been illegal to discriminate on grounds of age in the field of employment and vocational training.

2. Disability Equality Duty

The Disability Equality Duty came into force on 4 December 2006.

The Disability Rights Commission (DRC)summarises the duty as follows:

This legal duty requires all public bodies to actively look at ways of ensuring that disabled people are treated equally. All of those covered by the specific duties must also have produced a Disability Equality Scheme, which they must now implement.

The DRC's Guidance on the Disability Equality Duty (published on February 2006, page 6) explains that public bodies must have due regard to the following:

promote equality of opportunity between disabled people and other people
eliminate discrimination that is unlawful under the Disability Discrimination Act
eliminate harassment of disabled people that is related to their disability
promote positive attitudes towards disabled people
encourage participation by disabled people in public life
take steps to meet disabled people’s needs, even
if this requires more favourable treatment.

3. Gender Equality Duty

The Gender Equality Duty came into force in April 2007. The Equal Opportunities Commission summarises the duty as follows:

The Gender Equality Duty requires public authorities to promote gender equality and eliminate sex discrimination. Instead of depending on individuals making complaints about sex discrimination, the duty places the legal responsibility on public authorities to demonstrate that they treat men and women fairly. The duty will affect policy making, public services, such as transport, and employment practices such as recruitment and flexible working.

The public bodies must have due regard to the following:

Public service providers and public sector employers will have to think about policies they develop and the services they deliver with the different needs of women and men in mind.
Public authorities will also have to look at their employment policies to see how they affect women and men.
Public authorities will also need to look at how their employment policies affect transsexual men and women.

In England the specific requirements of the the duty (as laid out in the Equal Opportunity Commission's Guidance published in February 2007 page 3) are to:

Prepare and publish a gender equality scheme, showing how it will meet its general and specific duties and setting out its gender equality objectives.
In formulating its overall objectives, consider the need to include objectives to address the causes of any gender pay gap.
Gather and use information on how the public authority's policies and practices affect gender equality in the workforce and in the delivery of services.
To consult stakeholders (i.e. employees, service users and others, including trade unions) and take account of relevant information in order to determine its gender equality objectives.
To assess the impact of its current and proposed policies and practices on gender equality.
To implement the actions set out in its scheme within three years, unless it is unreasonable or impracticable to do so.
To report against the scheme every year and review the scheme at least every three years.

4. Race Equality Duty

The Commission for Race Equality describes the general duty as follows:

The Race Equality Duty applies to all public authorities and it requires them:

·to eliminate unlawful racial discrimination;
·to promote equality of opportunity between persons of different racial groups, and;
·to promote good relations between persons of different racial groups

The Commission for Race Equality's Guidance on the duty outlines its impact (page 10 and 11):

The duty will help public authorities make steady progress in achieving race inequality:

In relation to policy development and service delivery the duty will:

encourage policy makers to be more aware of possible problems
contribute to more informed decision making
make sure that policies are properly targeted
improve the authority’s ability to deliver suitable and accessible services that meet varied needs
encourage greater openness about policy making
increase confidence in public services, especially among ethnic minority communities
help to develop good practice; and
help to avoid claims of unlawful racial discrimination.

The duty of public authorities to promote race equality in employment will:

help to make the authority’s workforce more representative of the communities it serves;
attract able staff
avoid losing or undervaluing able staff;
improve staff morale and productivity;
improve the way staff are managed;
help to develop good practice; and
help to avoid claims of unlawful racial discrimination.

5. Equality Act 2006 (Religion and Belief)

Recent legislation (2007) has been introduced to make it illegal to discrimate in the provison of goods and services religion and belief. Part 2 of the Equality Act 2006 came into effect on 6 April 2007 and makes it unlawful to discriminate on grounds of religion or belief

in the provision of goods, facilities and services
in the disposal and management of premises
in education
in the exercise of public functions

6. Equality Act (Sexual Orientation) Regulations 2007

Part 3 of the Equality Act 2006 made provision for regulations to be introduced to extend the protection against discrimination on grounds of sexual orientation. This enabled provisions to be made to protect against discrimination on the grounds of sexual orientation (perceived or actual):

in the provision of goods, facilities, services, education
in the use and disposal of premises
in the exercise of public duties

As well as in employment.