Which employers must comply with the specific public sector equality duties under the Equality Act 2010?
All public authorities listed in sch.2 to the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017 (SI 2017/353) must comply with the specific public sector equality duties. These include government departments, local authorities, NHS bodies, schools, further education institutions, higher education institutions and the police.
Not all public authorities that are covered by the general public sector equality duty must comply with the specific duties (ie the schedule to the Regulations does not include all the public authorities listed in sch.19 to the Equality Act 2010, which lists public authorities that must comply with the general duty).
Private-sector organisations that carry out public functions do not have to comply with the specific duties (although they must comply with the general duty in relation to their public functions).
The duty under the Regulations to publish equality information about employees applies only to public authorities with 150 or more employees. The duty to publish gender pay gap information applies only to public authorities with 250 or more employees.
The Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017 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. The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 (SI 2012/162) provide for specific duties for relevant Scottish public authorities.