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Gender

We believe in promoting gender equality to ensure that sex discrimination in employment and services does not take place. Incorporating a gender perspective into policies means not thinking about people as an homogenous group but as distinct groups with differing needs, characteristics and behaviours. By assessing the impact of our policies and the different effect they have on men and women we can provide better services in the future.

The Sex Discrimination Act outlaws sex discrimination in the workplace and in the provision of goods and services. However, it does not prevent discrimination from taking place, it addresses it after it has happened.

If a man or woman experiences sex discrimination they can challenge it through the legal system. Unfortunately many people would not choose the legal process due to cost or the fear of losing their job. It can be stressful for the individual and their families and can take years to resolve a case. Consequently discrimination is often left unchallenged and unchecked.

The Government has introduced a new duty on public bodies to promote gender equality to place clear responsibility for taking action on equality with public bodies themselves, rather than relying on individuals to take action. Public bodies are required to ensure that their policies on services and employment address the different needs of women and men. This involves public bodies setting their own gender equality goals in the design and delivery of their services and the way they employ staff. This does not mean introducing quotas for women or positive discrimination in employment.

The gender equality duty is a legal obligation which came into force in April 2007. It was introduced by the Equality Act 2006, which in turn amended the Sex Discrimination Act 1975.

Gender equality: general duty

Under the gender equality duty, all public authorities must meet the general duty, which requires them to have due regard to the need to:

eliminate unlawful discrimination and harassment
promote equality of opportunity between men and women

Transgender people are also covered by the duty which requires public bodies to have due regard to the need to eliminate unlawful discrimination and harassment in employment and vocational training for people who undergo, are undergoing, or have undergone gender reassignment.

Gender equality: specific duties

Public authorities with a duty to publish a gender equality scheme also have a range of specific duties that help them to meet their general duty to promote gender equality. The statutory code of practice for England and Wales summarises the duties as follows:

To prepare and publish a gender equality scheme, showing how the public authority will meet its general and specific duties, and setting out its gender equality objectives

In formulating its overall objectives, to consider the need to include objectives to address the causes of any gender pay gap
To gather and use information on how its policies and practices affect gender equality in the workforce and in the delivery of services
To consult stakeholders (that is, employees, service users and others, including trade unions) and take account of relevant information in order to determine its gender equality objectives
To assess the impact of its current and proposed policies and practices on gender equality
To implement the actions set out in its gender equality scheme within three years, unless it is unreasonable or impracticable to do so
To report against the scheme every year and review the scheme at least every three years