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Public Sector Equality Duties

Implementation of Public Sector Equality Duty

The public sector equality duty in the Equality Act 2010 came into force in April 2011 – this is often referred to as the general duty. Scottish public authorities must have 'due regard' to the need to eliminate unlawful discrimination, advance equality of opportunity and foster good relations.

Scottish Ministers made regulations in May 2012 placing specific duties on Scottish public authorities to enable the better performance of the public sector equality duty.  These are also known as the Scottish Specific Duties.

Scottish Government Equality Outcomes and Mainstreaming Reports

As required by the Scottish Specific Duties, in April 2013 we published our first Equality Outcomes and Mainstreaming Report .  A summary of the report is available in British Sign Language (BSL) by emailing a request to MainstreamingEquality@scotland.gsi.gov.uk

On 30 April 2015 we published our second report – Equality Outcomes and Mainstreaming Report 2015.

Scottish Ministers’ proposals to enable the better performance of the Public Sector Equality Duty 2013-2017

This report sets out Scottish Ministers' proposals for action to improve performance against the general equality duty. Informed by research and feedback, each proposal is designed to respond directly to a key theme to improve effectiveness, and to foster the national collaboration needed to promote equality.

The proposals aim to respond to the needs and experiences of practitioners and professionals implementing the Scottish specific duties.  The Scottish Government used information which was published by authorities under the new duties in April 2013, mainly the equality outcomes and the employment information, associated research, and wider stakeholder engagement.

  • Research - Equality and Human Rights Commission
  • Research - Scottish Government. This research carried out by ODS consultants focussed on identifying common themes, barriers and enablers to developing and implementing the public sector equality duty across different public services.

Some equality organisations published their own research and public authorities analysed equality outcomes and employment information by sector:

CEMVO - Equality Act 2010 Briefing 3: Race Equality Mainstreaming in Scotland

CRER - Public Sector Equality Duty Portal

CRER - Equality in Glasgow: Glasgow’s Public Sector Bodies and the Equality Duties

Equality Challenge Unit - College equality outcomes - a regional overview

Equality Challenge Unit - Scottish Higher Education Institutions (HEI) equality outcomes - a sector overview

NHSScotland Equality & Diversity Lead Network - Overview of published equality outcomes

Scottish Women's Aid - Analysis of Local Authority Equality Outcomes

Stonewall Scotland - Analysis of Equality Outcomes and Mainstreaming Reports 2013

Making Progress: Scottish Ministers' Equality Duty

A progress report on the activities that have taken place to deliver the Scottish Ministers' proposals for improvement to assist Scottish public authorities to better perform the public sector equality duty was published in December 2015.