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

Part 3: Evidence

We drew on a range of evidence to develop the proposals set out above, which included:

• recommendations from reports
• international research
• consultation and stakeholder engagement
• relevant UK Government and Devolved Government legislation

Further to the evidence set out in this section, our proposal development has been informed by the wider work and engagement that has been undertaken in the equality, inclusion and human rights space. This has included the learning we have taken from the development of the Scottish Government’s equality outcomes for 2025-2029, the ongoing development of a Scottish Human Rights Bill and the development of our first Mainstreaming Strategy, published December 2025.

This section of the report provides a summary of the evidence that was considered in the development of our improvement proposals. This list is non-exhaustive and intended to provide contextual information.

We would like to thank those who played a vital role in providing evidence to inform the policy development process. Every report, data source or meeting in which PSED Improvement is raised adds to the rich seam of evidence. In particular, it has been useful to hear from practitioners across the public sector working to mainstream equality and inclusion. That work is never easy, but it is always important.

3.1 Report Recommendations

We have considered the recommendations from a number of expert reports in the development of these proposals. As part of the policy development process we have also engaged with the underlying evidence used to develop the recommendations included in each report to support a richer understanding of the data.

We have provided below a summary of the key reports we have considered in the development of this Regulation 12 report, their key recommendations or findings, and our reaction. Please note that this is a non-exhaustive list.

Report: Equalities, Human Rights and Civil Justice Committee Report – The Operation of the Public Sector Equality Duty in Scotland

Key findings:

• The Scottish Government should provide leadership and resources to improve the delivery of PSED in listed authorities.
• The ‘fostering good relations’ element of the PSED framework needs more attention. There is not good evidence that it is being taken seriously by listed authorities.
• The PSED is not an optional add-on for listed authorities and should be a core part of an organisation’s running.
• The Scottish Government should take a more ambitious approach to reforms in order to improve the operation of PSED in Scotland.

How we used the findings:

• We used the conclusions from the Committee’s report to inform the development of various proposals.
• We are particularly mindful of the committee’s conclusions on leadership; on fostering good relations; on cascading information; and on sharing good practice, and our proposals address these issues.
• We note that the Committee did not recommend any specific new regulations. The focus was on the implementation environment rather than on any perceived deficits with the regulations themselves. That has informed our thinking.

Report:

Recommendations from the First Minister’s National Advisory Council on Women and Girls

Key findings:

• Place an additional duty on listed authorities to gather and use intersectional data, including employment and service-user data, to advance equality between protected groups, including men and women.
• Place an additional duty on listed authorities to integrate intersectional gender budget analysis into their budget setting procedures.

How we used the findings:

• We have not taken forward these recommendations for additional duties in this Regulation 12 report. However, wider work is underway in the Scottish Government to develop further intersectional analysis (including in the Budget process). We have also included intersectionality as one of the areas where we will seek to build capability across the public sector.

Report:

Equality and Human Rights Commission: Equality and Human Rights Monitor: Is Scotland Fairer?

Key findings:

• Scottish Ministers should develop a National Equality Outcome framework, linked to the National Performance Framework.
• The report recommended action on a wide range of issues affecting different protected groups, and suggested that the Scottish Government set a National Equality Outcome as a means of addressing each key inequality identified.

How we used the findings:

• We took a new approach to setting Scottish Government’s Equality Outcomes in 2025-2029, doing so in a more participative and transparent way; and took part in a national conversation about the outcomes process, while observing the impact of the shared outcomes model in the Further/Higher Education Sector. We will continue to monitor this as we work to achieve our 2025-29 outcomes.
• The Scottish Government decided against setting national outcomes. However, we disseminated this report and encouraged Ministers and officials across the public sector to consider this as a key source of important evidence.

Report:

Equality and Human Rights Commission: Inquiry into racial inequality in health and social care workplaces

Key findings:

• Improve the gathering, use and analysis of data, particularly in relation to ethnic minority workers in the health and social care sector in Scotland.
• The Scottish Government should introduce a specific duty on certain regulatory bodies to report on how they will inspect progress in delivering equality outcomes in their sectors.

How we used the findings:

• We have used the information from the Commission’s report to inform the development of our PSED improvement activity, in particular on the extension of pay gap reporting to cover race and disability.
• We are developing a strengthened approach to accountability; and plan for regular engagement with accountability bodies.

Report:

Scottish COVID-19 Inquiry (ongoing)

Key findings:

• This inquiry is ongoing. However, some feedback on the operation on PSED in Scotland during the pandemic has been provided. This included reference to improved training, guidance and communications to ensure listed authorities are aware of the importance of PSED during crisis situations.

How we used the findings:

• Our proposals include a range of measures to improve understanding across the public sector. We will continue to monitor the findings of the Covid-19 Inquiry and build any emerging themes into our ongoing PSED improvement work.
• In October 2023, the Minister for Equalities and Migration committed that equality considerations will be built into future crisis management processes.

3.2 International Research

In May 2023, the Scottish Government commissioned, then later published, research^[10] to further inform policy decisions regarding Scottish Government’s review of the Scottish Specific Duties. The aim was to inform the Scottish Government of practices to advance equality in countries which were progressing work on equality with a focus on similarities, differences, gaps, and opportunities. The researchers gathered and considered evidence from six comparator countries (Belgium, Canada, New Zealand, South Africa, Sweden and Wales) as part of this work.

The research identified six key themes for an effective equality framework in a nation:

• Conscious Scrutiny – Governance at every level, along with a clear understanding of responsibility to monitor progress and challenge inaction has significant impact.
• Informed Evidence – Improving data sets and augmenting these with evidence from the lived experiences of people subject to disadvantage to enhance impact.
• Equality Outcomes – Using evidence and insight to set equality outcomes that support sectors and regions prioritise action to tackle the most persistent inequalities helps drive progress.
• Considering Impact – Enhancing approaches to equality impact assessment, using evidence, and linking to scrutiny is an effective combination.
• Tackling Pay Gaps – a clear need to recognise the efficacy of providing clarity on methodology and committing to actions that address pay gaps.
• Inclusive Communications – Expanding collective understanding of accessibility could have far reaching impact. This is about more than font size and format. It’s about embracing cultures and helping to break down barriers.

This work has already informed activity in the PSED improvement domain. The key themes, and underpinning evidence, were considered in the development of the proposals presented in this report. They also informed the development of the Equality Outcomes 2025-2029, which have an emphasis on the use of data and evidence; and plans for new pay gap regulations and an Inclusive Communications toolkit. The toolkit is being developed in partnership with people with lived experience of a wide range of communication needs and barriers.

3.3 Stakeholder Engagement

We have drawn upon a wide range of formal and informal stakeholder engagement over recent years to inform the development of our proposals. This has included engagement with equality organisations, listed bodies and the Scottish Parliament. The below elaborates on a few key pieces of engagement activity for reference.

PSED Improvement Stakeholder Reference Group

In July 2025, the Scottish Government established the PSED Improvement Stakeholder Reference Group (SRG), with membership consisting of a range of listed authorities, equality advocacy groups, and public sector equality networks, including the Scottish Councils’ Equality Network and the Non-Departmental Public Bodies’ Equality Forum.

The group is chaired by the Deputy Director for Mainstreaming and Inclusion and met three times in 2025.

The group supported and informed the Scottish Government’s work to shape the proposals set out in this report.

Members raised a number of key points for consideration including shared evidence and feedback from their experience working on PSED performance and improvement in Scotland over many years. We have reflected on the constructive discussion at the group and evidence shared in the development of the proposals set out in this report.

We expect the SRG to play a key role in PSED Improvement once this report is published. Members have indicated that they would be content for this group to continue meeting.

The Review of the Operation of PSED in Scotland – Consultation

The Scottish Government undertook a public consultation between December 2021 and March 2022 to understand views on the effectiveness of the Scottish Specific Duties and the implementation environment for PSED in Scotland and how they might be improved^[11].

The consultation analysis suggested the following improvements:

• The Scottish Government should support listed authorities to embed inclusive communications to support compliance with Regulation 10 (Duty to publish in a manner that is accessible) of the SSDs.
• The Scottish Government should extend the pay gap reporting duty under Regulation 7 (Duty to publish gender pay gap information) of the SSDs to include ethnicity and disability.
• Scottish Ministers should actively make use of their powers under Regulation 11 (Duty to consider other matters specified by Scottish Ministers to support better performance) of the SSDs to highlight key emerging issues.
• Repeal Regulation 6A of the SSDs but continue to support and promote diversity for public appointments across listed authorities.

Elements of this work have been taken forward already. Additionally, the consultation findings were a key piece of evidence in the development of the proposals in this report. In particular we recognise the recurring theme of the need for support and capacity building across the public sector; and for visible, effective leadership related to PSED activity.

Mainstreaming Strategy – Consultation

The Scottish Government undertook a written consultation from October 2024 to February 2025 which received over 130 responses from a broad range of stakeholders, including public bodies, third sector organisations, and individuals^[12]. This was complemented by virtual stakeholder events attended by around 100 participants, which provided further insight into the practical needs and expectations of those working to embed equality and human rights.

An analysis of the consultation was published in July 2025^[13]. Key insights for PSED improvement included:

• respondents highlighted the importance of ensuring that the public sector has sufficient resourcing, appropriate training, clear guidance and accountability to support the Mainstreaming Strategy
• respondents noted the value of collaborating and sharing best practice to maximise capacity

The feedback from this consultation has been reflected in the development of the proposals set out in this report. The proposals directly consider opportunities to improve training and accountability. Furthermore, the proposals seek to build capability and foster greater collaboration across the public sector.

3.4 Relevant UK Government and Devolved Government Legislation

In developing our proposals for PSED improvement, we also considered legal changes that the UK Government has either proposed or enacted. We also considered equivalent equality frameworks of other Devolved Governments.

The legislative elements we considered include:

• the UK Government’s Employment Rights Bill, in particular with reference to the impact on the operation of PSED in Scotland
• the UK Government’s consultation on a proposed Equality (Race and Disability) Bill, in particular extension of pay gap reporting to include ethnicity and disability
• the Welsh Government’s 2011 Regulations (The Equality Act 2010 (Statutory Duties) (Wales) Regulations 2011)^[14], which are Wales specific duties which aim to enable the better performance of PSED by listed authorities in Wales
• the UK Government’s Call for Evidence on Equality Law, which ran from 7 April to 30 June 2025

Our examination of proposed changes to equalities legislation and the example from Wales provided additional evidence to consider around the development of proposals to improve the performance of PSED in Scotland.

Furthermore, the UK Government legislation we have reviewed is likely to have an impact on the Scottish Government’s PSED improvement activity. For example, the Employment Rights Bill may have an impact on our proposal to introduce Pay Gap Action Plans. The Scottish Government continues to engage closely with the UK Government on proposed changes to reserved equality legislation, given the likely impact the changes could have for PSED in Scotland.