Public Sector Equality Duty - Regulation 12 report: better performance proposals 2025-2029

Part 2: Proposals

This section of the report sets out the Scottish Government’s proposals for improvement of the operation of PSED in Scotland.

In order to shape these proposals we have given consideration to a range of evidence including:

• engagement with the PSED Improvement Stakeholder Reference Group
• themes that arose in our 2021/22 PSED review public consultation exercise^[6]
• themes that arose during the public consultation on the Mainstreaming Strategy^[7]
• themes that arose in evidence submissions to and evidence sessions held by the Scottish Parliament’s Equalities, Human Rights and Civil Justice Committee during its 2025 inquiry into the operation of PSED in Scotland^[8]
• international research commissioned and published by the Scottish Government^[9] on equality duties
• various reports, views and lessons learnt

More detail on the evidence considered is provided in Part 3 of this report.

How we set out our proposals

We link each proposal set out below to a strategic driver or drivers in the Mainstreaming Strategy; describe what the purpose of the proposal is and the actions we intend to take; and outline the expected impact.

Our approach to delivery

We will develop a roadmap which sets out our phased approach to the delivery of the proposals over the four-year period. This is in recognition of the complexity of the proposals, their multi-year nature and the reach of activity across the wider Scottish public sector. The roadmap will build from our experience of taking a phased approach to PSED improvement over recent years.

We will work with the PSED Improvement Stakeholder Reference Group to collaboratively develop the roadmap. This will ensure that listed authorities and equality groups are able to input into the prioritisation and phasing of activity.

The roadmap should enhance openness, transparency and accountability in relation to our improvement activity. We plan to use it regularly with the PSED Improvement Stakeholder Reference Group to enable stakeholders to monitor progress and hold the Scottish Government to account for delivery.

We will integrate our roadmap into the governance framework that will be developed to monitor the delivery of the Mainstreaming Action Plan to ensure a cohesive approach. We intend to publish the governance framework in Summer 2026. More detail on this and Equality Outcomes is available in Part 1 of this report.

There may be a need to revise the roadmap over the course of the four-year period depending on emerging circumstances. In particular, the outcome of the 2026 Scottish Parliament election may have an impact on the prioritisation and phasing of the roadmap.

Proposal 1: Pay Gap Action Plans

We will conduct a scoping exercise to determine how we can best use our regulatory powers to introduce a duty on listed authorities to develop and publish Pay Gap Action Plans.

Related mainstreaming strategic driver ( s ): Ensuring effective regulatory and policy environment; utilising evidence and experience.

What we will do: The Scottish Government will scope the possibility of using regulatory powers under section 153(3) of the Equality Act 2010 to introduce a duty on listed authorities to develop and publish Pay Gap Action Plans in relation to those pay gaps on which the Scottish Specific Duties require listed authorities to report.

We will consider if Pay Gap Action Plans could be structured documents in which listed authorities set out clear, measurable steps that they could take to address pay gaps they have identified, which could in turn create a fairer, more inclusive environment for their employees. We will consider whether such plans could include specific objectives, concrete actions, timelines and accountability measures. These would be limited to the pay gaps on which reports are required. That would not preclude listed authorities from taking action in relation to pay gaps which they perceive to be a concern in their domain relating to other protected characteristics or groups. The intention is to encourage listed authorities to move from data gathering and reporting to describing the clear, measurable actions that they identify as being pivotal to better performing the PSED.

We are mindful that the enabling power under which Scottish Ministers can regulate is narrowly constructed and allows for the creation of specific duties only if they are for the purpose of enabling better performance of the PSED. Scoping what is possible in terms of action planning will take account of these parameters, and inform the action we are able to take.

Actions we will take:

1.1 The Scottish Government is already taking forward the policy development work to support the laying of amendment regulations to extend pay gap reporting to ethnicity and disability. The policy development for this has highlighted the need to encourage a move from data to action, and so we will scope the possibility of the draft amendment regulations including an action planning element.

1.2 We will, as appropriate, engage with the Equality and Human Rights Commission, in their role as regulator, to develop guidance for listed authorities. More widely, the Scottish Government would aim to support the implementation of this duty by providing learning opportunities and sharing good practice where possible. This programme of work will be substantial and span across multiple years to ensure effective implementation.

1.3 We will continue to liaise with relevant UK Government Ministers and officials as they develop their proposals for action plans for ethnicity and disability pay gap reporting, as an element of the proposed Equality (Race and Disability) Bill. We will also continue to liaise with relevant UK Government officials and Ministers as they develop their approach to ‘equality action plans’ as described in the Employment Rights Bill, which is going through the UK parliament at the time of publishing this report. We will seek to share practice on capacity building in relation to action planning.

Expected impact : Introducing this duty should enable better performance of PSED in Scotland. More concerted action to tackle labour market inequalities should, over time, deliver a fairer, more inclusive economy, which is innately connected to a fairer society.

Proposal 2: Stakeholder Involvement and Engagement

We will improve our transparency and accountability for PSED improvement through planned and structured stakeholder engagement.

Related mainstreaming strategic driver ( s ): Developing accountability and transparency; utilising evidence and experience.

What we will do : We value the input of our stakeholders into PSED improvement to date and intend to build a robust, structured and regular forum for engagement going forward.

Actions we will take:

2.1 The PSED Improvement Stakeholder Reference Group (SRG), was set up initially to support the development of this report. It will continue to meet on a regular basis as a mechanism to discuss developments in the PSED space with listed authorities, their networks and equality stakeholders. This should create more opportunities to arrive at a consensus about which elements of the framework need the most focus to deliver improvement. Further, it will act as a space where stakeholders can hold the Scottish Government to account for the delivery of the proposals set out in this report. We expect the SRG to play a key part in the development and delivery of the PSED Improvement proposals over the four-year period covered by this Regulation 12 report.

2.2. We will build the stakeholder reference group into a wider accountability framework for the mainstreaming of equality, inclusion and human rights activity in the Scottish Government.

2.3 We will work with the SRG to design and deliver a short project to review the accessibility of information and support materials which have been developed across the public sector specifically in response to the Scottish Specific Duties. This is in recognition that there is a lot of information available from a wide range of sources but that it might not be easy for people to find and use. From that review we will develop proposals to improve the accessibility of these materials. This will complement action to promote the use of the new mainstreaming toolkit, with a particular focus on the Scottish Specific Duties.

2.4 We will publish the minutes of meetings of this Group on the Scottish Government website.

2.5 The Minister for Equalities will attend at least one meeting of the SRG each year.

The PSED-related Equality Outcomes include accountability and transparency activity which will support the better performance of PSED. Since the outcomes were published, a new internal process to track and monitor progress on our equality outcomes and manage risks has been developed. The PSED improvement activity set out in this report will align with this work.

Expected impact : This proposal will enable better performance of PSED by enhancing transparency and accountability in the development and delivery of improvement proposals.

Proposal 3: Fostering Good Relations

We will take focused action to improve the wider public sector’s understanding of and engagement with the fostering good relations element of the general equality duty. We will also take focused action to improve the evidence base relating to activity intended to foster good relations.

Related mainstreaming strategic driver ( s ): Strengthening leadership; enhancing capability and culture.

What we will do : We will take action to improve the wider public sector’s understanding of the requirement to pay due regard to the need to foster good relations between people who share a relevant protected characteristic and those who do not; and the need to capture and share evidence of this activity. Members of the SRG agreed at their October 2025 meeting that more needed to be done on this, given the current climate across Scotland. Members also acknowledged that good work is already taking place but is often not badged as ‘fostering good relations’.

Actions we will take :

3.1 The Scottish Government will work with listed authorities to raise awareness of the requirement to pay due regard to this need and identify where current or planned action links to the need (but may not have been identified through the EQIA process or other elements of policy or communications planning). We will test with listed bodies the appetite for the first ‘Community of Practice’ (as per Proposal 4.8) being focused on this element of PSED.

3.2 We will explore opportunities to make more explicit connections between PSED Improvement activity and policy action on inclusion and community cohesion. For example, in grant-making, policy development and particularly in terms of hate crime policy, beginning with a scoping exercise to be initiated before the end of 2025.

3.3 We will convene a knowledge exchange event for devolved governments to establish how different administrations are supporting this element of the PSED Framework and what can be learned from each other. This will likely be a very resource-intensive piece of work, with significant political complexity, but it could elicit extremely useful information about approaches taken across different communities, and inform a longer-term programme of PSED improvement work.

Expected impact : This would improve listed authorities’ understanding of one of the needs of PSED which may at times have been given less prominence than the other two needs; and strengthen the approach to understanding that need across the public sector. This should contribute to action that supports strong relations between groups and to more cohesive communities.

Proposal 4: Leadership and Building Capacity

The Scottish Government will provide direct and visible leadership in the operation of PSED to raise awareness and build capacity across the public sector. This will be demonstrated through Ministerial Leadership and creating new opportunities for knowledge exchange.

4.a Ministerial leadership

Related mainstreaming strategic driver(s): Strengthening leadership; enhancing capability and culture; improving capacity.

What we will do: We will set a positive example through visibly demonstrating and sharing our own approach to the carrying out of our duties under PSED. Scottish Ministers and the Scottish Government will provide strong leadership in this area.

Actions we will take:

4.1 The Minister for Equalities will continue to provide visible leadership across government by engaging Ministerial colleagues and public sector leaders to identify and implement practical actions that advance equality and human rights outcomes in Scotland. The Minister will, on an ongoing basis, raise the importance of the PSED framework and the associated levers e.g. the outcomes we seek to achieve by 2029.

4.2 The Minister will use the powers under Regulation 11 of the Scottish Specific Duties to require listed authorities to consider specific matters when carrying out their duties. Regulation 11 confers a specific power on Ministers, and the intention is to gain maximum value from this regulation over the period 2025-2029, learning from each use of it to inform future directions to listed bodies.

4.3 The Scottish Government, as an organisation, will continue to visibly demonstrate a commitment to equality and human rights including through its approach to giving due regard to all three needs of the general duty. We will explore all possible levers for raising the profile and importance of PSED, for example in grant-making criteria; in letters of direction to public bodies which are sponsored by Scottish Government; in templates for advice for Ministers and Cabinet Papers; and we will include explicit references to PSED in the annual Gender Equality Statement to Parliament.

4.4 We will seek to engage with public sector leadership forums such as the Scottish Leaders’ Forum to raise the profile of PSED.

These actions will be taken forward throughout the four-year period covered by this report. We intend for them to act as the foundations for a wider programme of action related to leadership.

Expected impact : This will raise awareness of the importance of public sector leadership on equality and human rights and provide a visible example of good practice and a commitment to mainstreaming the general equality duty.

4.b Knowledge exchange

Related mainstreaming strategic driver(s): Strengthening leadership; enhancing capability and culture.

What we will do: We will create better opportunities for listed authorities and equality stakeholders to share learning and to help improve public sector practice. We will create opportunities to increase awareness and understanding of equality, inclusion and human rights across the public sector, with a particular focus on Equality, Diversity and Inclusion practitioners as a conduit through to the wider workforce; and we will explore ways to better cascade PSED awareness from senior leaders throughout their organisations. We will take forward a substantial programme of activity over the four-year period covered by this report.

This proposal is partly informed by respondents’ comments in the mainstreaming strategy consultation that collaboration and sharing best practice is important to maximising capacity, especially in a context of competing pressures across the public sector.

Actions we will take:

4.5 We will develop the approach with the SRG. We anticipate taking forward the below actions but will be guided by the Group.

4.6 We will share the learning from our revised approach to setting equality outcomes with listed authorities.

4.7 We will support the establishment of Communities of Practice which will enable listed authorities to share resource and expertise. This should support peer learning, allow benchmarking of approaches across the public sector, and create a space where listed authorities can develop new approaches to shared challenges (for example, how to better collect and use intersectional data). We envisage initially establishing and supporting two such communities, focused on Fostering Good Relations and on Building Best Practice in Pay Gap Reporting and Action Planning.

4.8 We will promote and share useful tools and resources to support listed authorities in carrying out their duties, including the Mainstreaming Toolkit. We will seek feedback on our shared tools and resources to ensure they are effective.

4.9 We will build on the success of the Scottish Government internal Equality, Inclusion and Human Rights Development Academy Week in 2025 by expanding capability-building programmes that embed human rights and equality across all areas of government, strengthening inclusion, public trust, and organisational excellence. We will continue to engage with stakeholders when developing the programme.

4.10 We will facilitate conferences, symposia, action-learning sets or seminars on key topics (e.g. intersectional data collection and analysis) that bring together listed authorities and expert stakeholders to share learning and develop best practice. We will be guided by the advice of the SRG. Making an extensive and ongoing learning offer is resource-intensive work, which can be complex but far-reaching, especially if we use digital tools to maximise audiences.

4.11 We will explore further opportunities to work with both listed authorities and equality stakeholders to develop good practice approaches and improve organisational capability.

4.12 We will explore opportunities to engage with expert networks of EDI leads.

Expected impact: This will support better performance of PSED as it will strengthen good practice across the public sector and create opportunities for collaboration.

Proposal 5: Leadership and Accountability

We will review the Scottish Government’s accountability mechanisms for its senior leaders related to their support of Scottish Ministers in meeting their Public Sector Equality Duty obligations; and make improvements, where required.

Related mainstreaming strategic driver(s): Strengthening leadership; developing accountability and transparency.

What we will do: We will take targeted action to strengthen the mechanisms for accountability of Scottish Government senior leaders in their support of Scottish Ministers, who are the duty-bearers in relation to PSED and the Scottish Specific Duties. This action will be specifically in terms of accountability related to PSED. This will include working with the Scottish Government’s Executive Team as it supports Ministerial compliance with PSED.

Action we will take:

5.1 We have committed to establish a governance framework to underpin the delivery of the Mainstreaming Action Plan, and the proposals published under Regulation 12 are referenced in this Action Plan. The intention is to publish this framework in Summer 2026, ensuring senior-level ownership and visible leadership. By embedding accountability at the highest levels, we will drive sustained momentum and ensure that the Action Plan remains a priority throughout its delivery.

5.2 We will undertake an internal review of the Scottish Government’s accountability and decision-making arrangements for senior decision-makers, in their role supporting Scottish Ministers, to understand where there may be opportunities for improvement in both how decisions are made, and the transparency of decision making and accountability. We will work with internal stakeholders and the SRG to develop proposed changes for consideration by the Scottish Government’s Executive Team.

5.3 We will endeavour to maintain a constructive and mutually beneficial relationship with the Equality and Human Rights Commission (EHRC), which is responsible for guidance relating to the PSED, and therefore a key player in the accountability space. Whilst respecting the EHRC’s independence, we will advocate for it to be well resourced and enabled to do its job.

5.4 The Minister for Equalities will engage with the EHRC Scotland Committee and the Scotland Commissioner to discuss PSED Improvement whenever appropriate opportunities arise or when they are invited to do so.

5.5 We will use the actions set out above and engagement with the SRG and wider stakeholders to identify further projects to improve accountability for the effective performance of PSED within the Scottish Government.

Expected impact: Increased emphasis on top-down accountability, to complement bottom-up capacity building activities.

Ongoing Commitments

We will maintain the priority attached to PSED improvement, and the momentum required to deliver improvement to the Public Sector Equality Duty framework in Scotland; including existing commitments that are currently being progressed.

Related mainstreaming strategic driver(s): All.

What we will do: We will ensure that we have appropriate resources in place to support the delivery of the proposals set out in this report. We will deliver our previous PSED Improvement commitments, including those that are an at advanced stage of development at the time of publishing these proposals.

Actions we will take:

We will continue to ensure that the Scottish Government has the resources in place to support PSED improvement and monitor the requirements in this space. We will ensure that the following previous commitments are progressed and delivered:

• expanding the gender pay gap reporting duty to include ethnicity and disability pay gap reporting
• making use of Regulation 11 powers which enable Scottish Ministers to require listed authorities to consider certain matters in the carrying out of their duties under the Scottish Specific Duties
• continuing to explore opportunities for further regulatory reform, including for additional duties, and to streamline reporting of existing duties
• developing and promoting an Inclusive Communications Toolkit
• endeavouring to prioritise PSED related activity during times of crisis or emergency response e.g. during a future pandemic

In addition to this work, we will continue to improve the Scottish Government’s use of high quality equality impact assessments through continuous improvement of our guidance and training materials, sharing of good practice, and maintenance of a team of expert advisers to support policy colleagues.

The above represents a significant programme of capacity building which should improve the conditions for PSED implementation. We do not propose to make further regulatory changes at this time, beyond what is set out above, but rather to focus on making best use of the framework as it currently exists. However, we will continue to explore options for further regulatory reform, including any recommended by members of the SRG or after the next Scottish Parliament election.

Expected impact: Our previous improvement proposals should improve the operation of PSED by increasing the visibility of pay gaps for protected characteristic communities; improve awareness of tools or issues through the use of Regulation 11; and provide useful tools to improve communications and approach to EQIAs.