The Gender Equality Duty

The Gender Equality Duty [GED] came into force in April 2007 and it requires public authorities to promote gender equality and eliminate sex discrimination when carrying out all of their functions.  Functions include policy-making, service provision, employment matters, and statutory discretion, as well as decision-making.  ‘Due regard’ means that authorities should give due weight to the need to promote gender equality in proportion to its relevance.  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. 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. Most major public authorities will have to follow a series of steps known as 'specific duties'. This includes setting their own gender equality goals and consulting their service users, customers and employees.  They will then have to re-design or tweak services to make sure that they achieve the goals.  

The general duty applies to all functions of every public authority.  This includes councils, schools, hospitals and police authorities as well as central government departments.  The definition of a public authority is 'any person who has functions of a public nature’ which is the same approach taken within the Disability Discrimination Act 2005 and the Human Rights Act 1998.  Because this definition is used the   organisations covered by the general duty are not set out in a list. 

The promotion of equal opportunities between women and men requires public authorities to recognise that the two groups are not starting from an equal footing and identical treatment will not always be appropriate. Under the duty authorities also have an obligation to eliminate discrimination and harassment towards current and potential transsexual staff.  This duty will extend to trans-sexual service users in December 2007.

The gender duty applies directly to certain private or voluntary sector bodies when they are carrying out public functions on behalf of the state.  An example of this is a private company who transports prisoners.   Public bodies are still covered by the duty when services are contracted out to external organisations.  This could include community transport, stationery or catering services. 

For more information see www.eoc.org.uk