Must employers with fewer than 150 employees publish equality information about their staff under the specific public sector equality duties?
Only public authorities with 150 employees or more are required to publish equality information about their staff under the Equality Act 2010 (Specific Duties) Regulations 2011 (SI 2011/2260). Public authorities with fewer than 150 employees should still gather such information (eg statistical information on the breakdown and distribution of the workforce by gender, age, race and disability) to enable compliance with the general equality duty, and to demonstrate such compliance, but there is no specific duty to publish it. The Equality Act 2010 (Specific Duties) Regulations 2011 apply to public authorities in England and to the non-devolved functions of public authorities in Scotland and Wales.
The Equality Act 2010 (Statutory Duties) (Wales) Regulations 2011 (SI 2011/1064) provide for separate specific duties for relevant Welsh public authorities. Under these Regulations, the duty to publish equality information applies to all relevant authorities regardless of the size of their workforce.
The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 (SI 2012/162) provide for separate specific duties for relevant Scottish public authorities. Under these Regulations, all relevant authorities have a duty to gather and use employee information. Authorities with 150 or more employees must also gather and publish gender pay gap information and a statement on equal pay.