This guide is maintained as a current resource for July 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Comprehensive guide to the Public Sector Equality Duty under the Equality Act 2010 in England and Wales, explaining the duty's three aims, what “due regard” means, who is covered, specific duties, how it applies in practice, enforcement, and examples of equality analysis in public decision‑making.
The Public Sector Equality Duty (PSED) is a statutory obligation under the Equality Act 2010 that requires public authorities and organisations carrying out public functions in England and Wales to consider how their decisions and activities affect equality for people with protected characteristics. Rather than simply avoiding discrimination, the duty seeks to ensure that public bodies actively promote equality and foster good relations between different groups. Understanding the scope, aims, and practical implications of the PSED is essential for public bodies, solicitors, students, and members of the public who want to ensure that public decision‑making complies with legal standards and promotes fair treatment.
What Is the Public Sector Equality Duty?
The PSED is set out in section 149 of the Equality Act 2010 and came into force on 5 April 2011, replacing earlier separate duties on race, disability and gender. It places a general equality duty on designated public authorities and a related set of specific duties that support implementation.
The Three Aims of the Duty
When exercising their functions, public authorities must have “due regard” to the need to:
- Eliminate unlawful discrimination, harassment and victimisation and any conduct prohibited by the Equality Act 2010;
- Advance equality of opportunity between people who share a protected characteristic and those who do not; and
- Foster good relations between people who share a protected characteristic and those who do not.
Protected characteristics covered by the duty include age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Each aim plays a distinct role in shaping how public bodies consider equality in policy‑making, service delivery, employment practices and other functions.
What Does “Due Regard” Mean?
Having “due regard” means consciously and systematically considering the PSED's equality aims when making decisions. It requires more than general awareness: it means public bodies must assess how their policies and practices might impact different groups and, where appropriate, take actions to mitigate negative effects or enhance positive outcomes. However, due regard does not substitute for lawful discrimination decisions; public bodies are not required to achieve specific results but must demonstrate that equality considerations influenced decision‑making.
Who Is Covered by the PSED?
Public Authorities
The general duty applies to public authorities listed in Schedule 19 of the Equality Act 2010. This includes, for example:
- Local authorities and councils;
- State schools and universities;
- NHS bodies and health authorities;
- Police forces and fire services;
- Government departments and agencies.
Bodies Carrying Out Public Functions
Organisations not listed in Schedule 19 may also be subject to the PSED when they exercise public functions, even if they are private or voluntary bodies acting on behalf of a public authority or performing a function of a public nature. The courts consider factors such as statutory powers, public funding and service delivery to decide whether a body is carrying out a public function.
Exceptions
Some specific functions are excepted from parts of the duty. For example, certain immigration and judicial functions have limited exceptions specified in Schedule 18 of the Act. Public authorities must carefully assess whether exceptions apply to specific activities.
The General Duty Explained
Eliminate Unlawful Discrimination
Public bodies must proactively consider ways to remove or minimise disadvantages faced by people with protected characteristics. This obligation complements the inherent anti‑discrimination protections in the Equality Act 2010 and extends to all aspects of public decision‑making.
Advance Equality of Opportunity
Advancing equality does not simply mean treating everyone the same. It requires public authorities to:
- Remove or reduce disadvantage experienced by people with protected characteristics;
- Meet the specific needs of people who share a protected characteristic where these differ from others;
- Encourage participation in public life or services where representation is disproportionately low.
This can include adapting policies or services to better serve those groups, and in some instances considering positive action where permitted under the Equality Act.
Foster Good Relations
This aim focuses on reducing prejudice and building mutual understanding between groups. Public authorities may develop programmes or initiatives that support community cohesion, address stereotypes, or create opportunities for positive interaction between different groups.
The Specific Duties and Accountability
To help public bodies meet the general duty, secondary legislation introduced specific duties. In England, these include:
- Publishing one or more equality objectives at least every four years;
- Publishing information annually to demonstrate compliance with the general duty, including data on employees and those affected by policies; and
- Publishing gender pay gap data for larger employers by 31 March each year.
These specific duties increase transparency and encourage structured action rather than ad hoc compliance. Failure to meet specific duties can have reputational impacts and may be scrutinised through legal challenges.
How the PSED Operates in Practice
Decision‑making and Policy Development
Public authorities should integrate equality analysis into their routine planning. This may involve conducting equality impact assessments or similar reviews to identify potential effects on protected groups, documenting conclusions, and adapting proposals where necessary. Whether reviewing service changes, developing budgets or setting priorities, the duty requires that equality considerations inform choices.
Service Delivery and Employment Practices
The PSED applies to all functions of a public authority – including how services are delivered and how people are treated as employees. Authorities must consider whether internal policies and procedures might inadvertently disadvantage certain groups and take steps to address or mitigate adverse impacts.
Public Procurement and Contracts
Decisions involving contracts and procurement must also be scrutinised for equality impacts. Where a public authority commissions external providers, it should consider whether the services to be delivered might affect equality outcomes and how contract terms can support equality aims.
Enforcement and Legal Challenges
Public authorities can be held accountable for PSED failures through judicial review. An aggrieved individual or organisation can challenge a decision where they believe the duty was not properly considered. If a court finds that an authority did not have due regard, the decision may be quashed, and the authority required to reconsider the matter taking equality obligations into account. Additionally, the Equality and Human Rights Commission (EHRC) can assess compliance and require remedies where necessary.
Examples of the PSED in Action
Public sector equality duty influence can be seen across a variety of sectors and activities:
- Local councils reviewing transport policies to ensure access for people with disabilities;
- Schools adjusting uniform policies to accommodate religious observance;
- Health authorities improving outreach to underserved ethnic groups to promote public health.
These examples illustrate how public bodies must consider both direct equality impacts and broader equality of opportunity in their work.
Common Questions
Does the PSED apply to private organisations?
Only if a private or voluntary organisation is exercising a public function. Ordinarily, the general duty applies to public authorities listed in Schedule 19 and extends to bodies performing public functions on behalf of such authorities.
Is the PSED a duty to achieve outcomes?
No. The PSED is a legal duty to consider equality issues thoughtfully and systematically. It does not obligate authorities to reach specific results but requires that equality considerations influence decisions.
What is “due regard” in practical terms?
Due regard means giving conscious attention to the duty's aims at the time decisions are made. It can involve evidence gathering, equality analysis and documenting how equality considerations influenced final decisions.
Final Thoughts
The Public Sector Equality Duty is a cornerstone of equality law in England and Wales, designed to ensure that public authorities consciously consider the effects of their work on people with protected characteristics. By requiring that decision‑making and functions actively aim to eliminate discrimination, advance equality of opportunity and foster good relations, the duty promotes fairness and inclusivity across public services and policies. Compliance involves ongoing analysis, transparency through published objectives and information, and a sustained commitment to addressing inequalities. For individuals and organisations alike, understanding and engaging with the PSED supports more equitable public systems and reinforces legal rights under the Equality Act 2010.
