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PUBLIC SECTOR EQUALITY DUTY

Police Federation of England & Wales Equality Liaison Officers’ Seminar November 2012. PUBLIC SECTOR EQUALITY DUTY. Jayne Monkhouse OBE. Public Sector Equality Duty (s149). Public bodies must, in the exercise of their functions, have due regard to the need to:

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PUBLIC SECTOR EQUALITY DUTY

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  1. Police Federation of England & Wales Equality Liaison Officers’ Seminar November 2012 PUBLIC SECTOR EQUALITY DUTY Jayne Monkhouse OBE

  2. Public Sector Equality Duty (s149) Public bodies must, in the exercise of their functions, have due regard to the need to: a) Eliminate prohibited conduct b) Advance equality of opportunity between people who share a protected characteristic and people who do not share it; and c) Fostering good relations between people who share a protected characteristic and people who do not share it. • All protected characteristic except marriage and civil partnership in respect of (b) & (c)

  3. Political dimension • Labour legislation introduced as a result of the inquiry into the death of Stephen Lawrence • General Duty (to have due regard) in the Equality Act • Specific duties devolved – so different duties in England, Wales & Scotland • Police not devolved, so English duties across all Forces in E&W

  4. Specific Duties – England • Publish information to demonstrate compliance every year from 31 January 2012 • Publish information relating to persons affected by its policies and practices • Prepare & publish one or more specific and measurable equality objectives that it thinks it should achieve to further the aims set out in the duty every 4 years from 6 April 2012

  5. Judicial Reviews on “Having Due Regard:” • Must show awareness of the statutory duties • Must be undertaken at the proper time • The analysis must be rigorous and with an open mind – it is not a question of ticking boxes • The duty cannot be delegated • A continuing duty • There must be adequate record-keeping

  6. Questions What should we do to ensure that the Chief Constable can show • they have taken due regard at the right time • any discriminatory impact can be justified as being a proportionate means of achieving a legitimate aim • that the Force will not be treating part time officers less favourably • the welfare of officers and efficiency of the service to the public

  7. Police Regulations (Reg 22 Annex E) A chief officer may, after consulting with the JBB and the members affected, allowing them at least 30 days to make representations and taking account of the likely effects of the new arrangements on their personal circumstances announce that he intends to bring into operation VSAs for all or any particular class of members below the rank of inspector (below the rank of superintendent for part-time members)

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