The Equality Act 2010

All list public authorities, such as NHS Foundation Trusts, have legal obligations relating to:

  • Section 149 of the Equality Act 2010 (the public sector equality duty), and
  • The Equality Act 2010 (Specific Duties) Regulations 2011.

In summary this means that public authorities must have due regard* to the need to:

*Due regard means to have an adequate evidence base for decision making 

  • Eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act.
  • Advance equality of opportunity between people who share a protected characteristic and those who do not.
  • Foster good relations between people who share a protected characteristic and those who do not.

These are often referred to as the three aims of the general equality duty and apply to the following protected characteristics:

  • Age
  • Disability
  • Gender
  • Gender reassignment
  • Pregnancy and maternity
  • Race
  • Religion or belief
  • Sexual Orientation
  • Marriage and Civil partnership (but only in regards to the first aim - eliminating discrimination and harassment)

To demonstrate compliance with the Equality Act 2010 public authorities are required to:

  1. Publish information, by 31st January 2012 and at least annual after that, on its employees and the people who are affected by its policies and practices. 

Develop and publish one or more objectives, that will further any of the aims of the general equality duty, no later than 6 April 2012 and at least every four years after that.