Gender Equality Duty

The Gender Equality Duty formed part of the Equality Act 2006, and represents the most significant change in gender equality legislation since the 1970s. Rather than requiring individual employees or service users to take individual action against their employers or service providers, the duty compels public authorities to take proactive steps to deliver gender equality.

Coming into force in April 2007, it places a responsibility on public sector bodies, when carrying out their functions, to have due regard to the need:

• to eliminate unlawful discrimination and harassment; and
• to promote equality of opportunity between men and women.

It sets out clear steps that public authorities must take to deliver these outcomes, including consultation and the gathering of statistics and data to inform employment practice and service deliver. Public bodies are also required to undertake gender impact assessments of all significant policies,. This involves carrying out a process which ensures that neither women nor men are disadvantaged by new or existing policy or practice , and identifies where public authorities can promote equality of opportunity between men and women.

In Scotland, listed public bodies (which includes all local authorities, health boards, colleges and universities, and non-departmental public bodies) must publish gender equality schemes. These schemes should set out the priorities for action, and all bodies must give consideration to including an equal pay objective.

Separately, all listed public bodies with 150 full-time equivalent staff must produce an equal pay statement, which sets out the ways the authority will close its gender pay gap. This was originally required to be published in September 2007.

Both schemes and statements are required to be refreshed in 2010, and Close the Gap can provide support around this. The project has also published guidance on complying with the equal pay elements of the duty.