The Public Sector Equality Duty is set out in section 149 of the Equality Act 2010. It applies to listed public authorities in Great Britain and to other bodies when exercising public functions, subject to statutory exceptions. Public funding alone does not automatically determine coverage; Northern Ireland has a separate framework.

What the general duty says

Section 149 requires public authorities, when exercising their functions, to have due regard to the need to:

These are usually referred to as the three needs or the three aims of the duty. Having due regard does not mean achieving a particular outcome; it means giving the three needs proper consideration, evidenced and proportionate to the decision being taken.

The second and third aims—advancing equality of opportunity and fostering good relations—cover eight relevant characteristics, including pregnancy and maternity. Marriage and civil partnership is relevant to the first aim of eliminating unlawful conduct, but not those two additional aims.

Who the duty applies to

The duty applies to listed public authorities and to anyone exercising a public function. Schedule 19 of the Equality Act lists the bodies covered. They include:

It also applies to private and voluntary sector organisations when they are exercising public functions — for example a private provider delivering social care under a local authority contract is subject to the duty in respect of that function.

In Northern Ireland the equivalent statutory equality duty arises under section 75 of the Northern Ireland Act 1998 rather than the Equality Act 2010, and the categories of equality it covers are wider than the protected characteristics in the 2010 Act.

What ‘due regard’ means

‘Due regard’ is the operative test. It has been considered by the courts many times. The leading principles — sometimes called the Brown principles after the 2008 case R (Brown) v Secretary of State for Work and Pensions — are roughly:

Principle 1. the duty must be fulfilled before and at the time the decision is taken, not retrospectively;

Principle 2. the duty must be exercised in substance, with rigour and an open mind, not as a tick-box exercise;

Principle 3. the decision-maker personally must have regard to the equality implications;

Principle 4. the duty is non-delegable — advice from officials does not transfer it;

Principle 5. the duty is a continuing one;

Principle 6. it’s good practice to keep an adequate record of how the duty was discharged.

What this means in practice is that the decision-maker must be presented with relevant equality information at the point of decision, must engage with it, and must consider it as part of the reasoning that leads to the outcome. An equality impact assessment is the standard tool for evidencing this.

The general duty and the specific duties

Underneath the general duty, each of the three nations covered by the Act has ‘specific duties’ set out in regulations. These don’t change what the duty is, but they do prescribe certain steps for evidencing compliance.

In England the specific duties require listed public authorities to:

The Scottish specific duties are more extensive and include duties to assess and review policies, publish equality outcomes, use equality evidence, publish gender pay gap and equal pay information for public sector employers, and report progress. The Welsh specific duties similarly require objective-setting, action planning, monitoring, training, procurement and an annual report.

What good compliance looks like

Compliance with the PSED is partly a matter of process and partly a matter of culture. The process side involves:

The culture side is harder. PSED is most credible in organisations where senior leaders refer to equality considerations as part of how they make decisions, where staff understand the duty and where the duty influences policy choices rather than just being documented after them.

Common compliance issues

EIAs done after the decision

The legal duty is to have due regard before the decision. EIAs prepared to justify a decision that’s already been taken are a recurring source of legal challenge, not least because they tend to read defensively rather than analytically.

Generic objectives

Equality objectives that say ‘we will promote equality and tackle discrimination’ don’t satisfy the duty. Objectives should be specific to the organisation, measurable and connected to evidence of where progress is needed.

Workforce-only focus

PSED applies to functions as well as employment. An NHS trust that publishes detailed workforce equality data but nothing about patient experience or service access is only addressing part of the duty.

Treating it as a compliance team responsibility

The duty is non-delegable. Senior managers and councillors must engage with equality information themselves, not just receive assurance that someone has prepared a document.

Enforcement and challenge

The PSED is enforceable in two main ways. The Equality and Human Rights Commission can take enforcement action, including issuing compliance notices and entering into agreements with bodies that have failed to comply. The duty can also be enforced through judicial review: a decision that breaches the duty can be quashed by the court. There have been numerous successful judicial review challenges over the years, particularly to local authority budget decisions, NHS service changes and government policy decisions where the equality analysis was inadequate.

Recent developments

The case law on the duty continues to evolve. The Supreme Court’s April 2025 ruling in For Women Scotland Ltd v The Scottish Ministers (covered in the House of Commons Library briefing) clarified that in the Equality Act ‘sex’ refers to biological sex, which has implications for how public bodies collect equality data and design facilities and services. Public authorities are working through the consequences for their PSED compliance, including how policies on single-sex services need to be evidenced.

The EHRC’s updated statutory services Code came into force on 5 August 2026. It explains existing Equality Act law, including separate and single-sex service provisions. Public bodies should consider the relevant Code and equality effects when making decisions; the PSED does not by itself dictate one outcome.

Frequently asked questions

What is the Public Sector Equality Duty?

The Public Sector Equality Duty is a statutory duty under section 149 of the Equality Act 2010 that requires public authorities, when exercising their functions, to have due regard to three needs: eliminating discrimination, advancing equality of opportunity and fostering good relations.

Who has to comply with the PSED?

The duty applies to listed public authorities and to any body or person exercising public functions. Listed bodies include central and local government, NHS, schools and universities, police and fire services, and many regulators.

What are the protected characteristics under the PSED?

The second and third aims—advancing equality of opportunity and fostering good relations—cover eight relevant characteristics, including pregnancy and maternity. Marriage and civil partnership is relevant to the first aim of eliminating unlawful conduct, but not those two additional aims.

What is the difference between the general duty and the specific duties?

The general duty is the duty in section 149 itself. The specific duties are set out in regulations and prescribe particular evidence-and-publication steps to support compliance. They differ between England, Scotland and Wales.

What does ‘due regard’ mean?

It means giving the three equality needs serious, evidenced consideration before and at the time a decision is taken. It is not a guarantee of any particular outcome.

How is the PSED enforced?

Through the EHRC’s enforcement powers (compliance notices, agreements, formal investigations) and through judicial review, which can quash decisions taken in breach of the duty.

The PSED is closely linked to the use of equality impact assessments and to the wider system of nine protected characteristics in the Equality Act. If you’d like staff trained to discharge the duty well — not just to tick the boxes — our Equality, Diversity & Inclusion Training course covers both the legal framework and the practical decision-making it should drive.

Sources & references

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Mark McShane
Mark McShane
Health & Safety Training Specialist, Online CPD Academy

Mark writes about equality, diversity and inclusion, UK equality law and accredited online training for Equality, Diversity & Inclusion Training, part of Online CPD Academy.