Which employers must comply with the general public sector equality duty under the Equality Act 2010?

Employers must comply with the general public sector equality duty if they are one of the public authorities listed in sch.19 to the Equality Act 2010. This includes government departments, local authorities, NHS bodies, schools and other educational bodies and the police.

The duty also applies to employers that are not public authorities but that exercise public functions. A public function is defined as a function of a public nature for the purposes of the Human Rights Act 1998. This could include, for example, a private company that runs a prison on behalf of the Government. An employer that is not a public authority is covered by the general equality duty only in relation to the public functions that it carries out, not in relation to its other activities.