Skip to main content
header search
ahihi OpenLearn
OpenLearn
Menu
sticky search

About this free course

Become an OU student

Download this course

Share this free course

Course content Course content
Ageism and age discrimination
Ageism and age discrimination

Start this free course now. Just create an account and sign in. Enrol on the course to track your learning.

More free courses

2.5 The Public Sector Equality Duty

The Public Sector Equality Duty (PSED) is a legal obligation under the Equality Act 2010 that requires public bodies in England, Scotland, and Wales to consider how their decisions and actions affect people with protected characteristics.

It applies to:

  • Public bodies (e.g. schools, hospitals, police)
  • Private or voluntary organisations carrying out public functions (e.g. a private company running a prison or a train service franchise).

Watch this video from the Equality and Human Rights Commission for an overview of the Public Sector Equality Duty.

Video 4 What is the Public Sector Equality Duty? | Equality law: discrimination explained, Equality and Human Rights Commission
Interactive feature not available in single page view (see it in standard view).

Public bodies must have ‘due regard’ to the need to achieve three main aims, as can be seen in Figure 9.

Graphic with the title ‘The Public Sector Equality Duty (PSED)’. The text below the title reads ‘The three aims of the general duty are to make sure that public authorities have due regard to the need to:’ It then lists the three aims with an icon next to each one: ‘put an end to unlawful behaviour that is banned by the Equality Act 2010, including discrimination, harassment and victimisation’ (icon of a raised hand), ‘advance equal opportunities between people who have a protected characteristic and those who do not’ (icon of a box with an arrow pointing upwards and forwards), ‘foster good relations between people who have a protected characteristic and those who do not (icon of a handshake)’. Source: Equality and Human Rights Commission.
Figure 9: The three aims of the Public Sector Equality Duty
Show description|Hide description

Graphic with the title ‘The Public Sector Equality Duty (PSED)’. The text below the title reads ‘The three aims of the general duty are to make sure that public authorities have due regard to the need to:’ It then lists the three aims with an icon next to each one: ‘put an end to unlawful behaviour that is banned by the Equality Act 2010, including discrimination, harassment and victimisation’ (icon of a raised hand), ‘advance equal opportunities between people who have a protected characteristic and those who do not’ (icon of a box with an arrow pointing upwards and forwards), ‘foster good relations between people who have a protected characteristic and those who do not (icon of a handshake)’. Source: Equality and Human Rights Commission.

Figure 9: The three aims of the Public Sector Equality Duty

Here are some hypothetical examples of how public bodies might show due regard to the Public Sector Equality Duty:

A local authority reviews data on access to adult education and finds that older Black, Asian and Minority Ethnic women are less likely to attend digital skills courses. In response, it funds community-based sessions with translation support and flexible timings to meet both cultural and caregiving needs.

A city council is redesigning a public park and consults with older disabled residents and LGBTQ+ older people. Based on their feedback, it improves pathways for mobility aids, installs accessible toilets, and creates inclusive community spaces where everyone feels welcome.

Before launching a new healthcare initiative, a local health board conducts an Equality Impact Assessment (EIA) and identifies that older men from low-income and rural backgrounds have poorer access to mental health services. They adapt the policy by introducing local outreach clinics and transport assistance to reduce these inequalities.

Key points to remember:

  • The PSED is about process, not outcomes. Public bodies must show they considered equality, even if the final decision isn’t perfect for all groups.
  • It must be applied proportionately. More serious impacts require more thorough consideration.
  • It’s a legal requirement. Failure to comply can lead to legal challenges.