Equality Act 2010, section 149

Public sector equality duty

Part 11 Advancement of equality

(1)A public authority must, in the exercise of its functions, have due regard to the need to—

(a)eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act;

(b)advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;

(c)foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

(2)A person who is not a public authority but who exercises public functions must, in the exercise of those functions, have due regard to the matters mentioned in subsection (1).

(3)Having due regard to the need to advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to—

(a)remove or minimise disadvantages suffered by persons who share a relevant protected characteristic that are connected to that characteristic;

(b)take steps to meet the needs of persons who share a relevant protected characteristic that are different from the needs of persons who do not share it;

(c)encourage persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low.

(4)The steps involved in meeting the needs of disabled persons that are different from the needs of persons who are not disabled include, in particular, steps to take account of disabled persons' disabilities.

(5)Having due regard to the need to foster good relations between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to—

(a)tackle prejudice, and

(b)promote understanding.

(6)Compliance with the duties in this section may involve treating some persons more favourably than others; but that is not to be taken as permitting conduct that would otherwise be prohibited by or under this Act.

(7)The relevant protected characteristics are—

  • age;

  • disability;

  • gender reassignment;

  • pregnancy and maternity;

  • race;

  • religion or belief;

  • sex;

  • sexual orientation.

(8)A reference to conduct that is prohibited by or under this Act includes a reference to—

(a)a breach of an equality clause or rule;

(b)a breach of a non-discrimination rule.

(9)Schedule 18 (exceptions) has effect.

Definitions used in section 149 2

breach of an equality clause or rule

(8)A reference to a breach of an equality clause or rule is a reference to a breach of a term modified by, or included by virtue of, an equality clause or rule.

Defined in s.212(8) · see it in the full Act
non-discrimination rule

“non-discrimination rule” has the meaning given in section 61;

Defined in s.212(1) · see it in the full Act

Cases considering section 149 476

For Women Scotland Ltd v The Scottish Ministers

[2025] UKSC 16 · 16 April 2025Interprets

The public sector equality duty requires coherent identification of groups sharing protected characteristics. Certificated sex would distort group analysis and data collection by combining members of both biological sexes. (see paras [148]; [237]-[244])

R (on the application of Marouf) v Secretary of State for the Home Department

[2023] UKSC 23 · 28 June 2023Limits

The PSED does not generally require UK public authorities to have due regard to equality needs concerning persons or matters outside the United Kingdom. The statutory language does not rebut the presumption against extraterritorial effect (see paras [41]; [53]-[56]). The duty to have due regard to eliminating conduct prohibited by the Act does not have an overseas scope co-extensive with section 29(6). It was not engaged by adopting the resettlement policy (see paras [58]-[66]). The duty to have due regard to advancing equality of opportunity does not generally extend to promoting equality among persons or communities overseas (see paras [42]-[56]). The duty to have due regard to fostering good relations was treated as part of a domestic scheme for societal change, not as a duty to influence communities in foreign countries (see paras [52]-[56]). The elaboration of advancing equality demonstrated the implausibility of Parliament requiring public bodies to encourage participation or address protected needs in foreign societies (see paras [42]; [52]; [56]).

R v Secretary of State for Justice

[2017] UKSC 40 · 24 May 2017

The unchallenged finding of breach showed that the Ministry had not assessed the impact on women, the significance of the disadvantage, possible mitigation or their particular circumstances. It therefore could not prove proportionality (see paras [19]; [42]).

456 more judgments, and what each says about section 149, are in the case-law panel in the full Act.

Explanatory note

479.This section imposes a duty, known as the public sector equality duty, on the public bodies listed in Schedule 19 to have due regard to three specified matters when exercising their functions. The three matters are:

  • eliminating conduct that is prohibited by the Act, including breaches of non-discrimination rules in occupational pension schemes and equality clauses or rules which are read, respectively into a person’s terms of work and into occupational pension schemes;

  • advancing equality of opportunity between people who share a protected characteristic and people who do not share it; and

  • fostering good relations between people who share a protected characteristic and people who do not share it.

480.The second and third matters apply to the protected characteristics of age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation. They do not apply to the protected characteristic of marriage and civil partnership.

481.As well as the public bodies listed in Schedule 19, the section also imposes the public sector equality duty on others that exercise public functions, but only in respect of their public functions. Section 150 explains what is meant by “public function”.

482.Subsections (3), (4) and (5) expand on what it means to have due regard to the need to advance equality of opportunity and foster good relations. In particular, subsection (4) makes clear that having due regard to the need to advance equality of opportunity between disabled people and non-disabled people includes consideration of the need to take steps to take account of disabled people’s disabilities. Subsection (6) makes clear that complying with the duty might mean treating some people more favourably than others, where doing so is allowed by the Act. This includes treating disabled people more favourably than non-disabled people and making reasonable adjustments for them, making use of exceptions which permit different treatment, and using the positive action provisions in Chapter 2 of this Part where they are available.

483.Schedule 18 sets out persons and functions to which the equality duty does not apply.

484.This section replaces section 71 of the Race Relations Act 1976, section 49A of the Disability Discrimination Act 1995 and section 76A of the Sex Discrimination Act 1975. These provisions imposed similar public sector equality duties in relation to race, disability and gender (including pregnancy and maternity as an implicit part of gender, and partly covering gender reassignment) respectively. There were no equivalent public sector equality duties for age, religion or belief or sexual orientation in previous legislation. The section extends the new public sector equality duty to cover gender reassignment in full, age, religion or belief and sexual orientation.

All the explanatory notes for the Act