Public Sector Equality Duty
Equality Act 2010 duty requiring public bodies to consider equality impacts in their decisions including procurement.
Definition
The Public Sector Equality Duty (PSED) is the Equality Act 2010 duty requiring public bodies to have due regard to three needs in exercising their functions: eliminate unlawful discrimination, advance equality of opportunity, and foster good relations between people sharing a protected characteristic and those who do not. Procurement is a function in scope: public sector buyers must consider equality impacts when designing procurement and selecting suppliers. The duty applies across all UK public sector bodies and is enforced by the Equality and Human Rights Commission (EHRC).
How it works in practice
PSED affects procurement in several practical ways. First, procurement design: buyers should consider whether the procurement approach (lot structure, evaluation criteria, response timing) inadvertently disadvantages suppliers from particular protected groups. Second, evaluation: equality-relevant evidence (workforce diversity data, accessibility commitments, anti-discrimination policies) can legitimately form part of evaluation criteria where the equality impact is material to delivery. Third, contract management: equality commitments made at bid stage become contract obligations and can be tracked as KPIs. PSED is increasingly visible in social value evaluations: many TOMs measures and Community Benefit Clauses include equality dimensions (jobs for disabled people, ethnic minority career progression, gender pay gap action, accessibility commitments). The Equality Act 2010 itself sets out the protected characteristics (age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation) and the wider equality framework. Strong bid responses evidence equality through current workforce data, recent equality outcomes, named senior responsibility, and specific commitments tied to the contract context.
Common questions
Does PSED affect supplier bids?
Yes, indirectly. Buyers designing procurement under PSED may include equality-relevant evaluation criteria (workforce diversity, accessibility commitments, anti-discrimination policies). Strong bid responses evidence equality through current workforce data, recent outcomes, named senior responsibility, and specific commitments tied to the contract context.
Are there specific PSED requirements in PPN 002 social value?
The TOMs framework includes equality-relevant measures (jobs for disabled people, ethnic minority career progression, gender pay gap action). PPN 002 does not single out PSED as a separate compliance topic; instead the equality dimensions are woven through the social value framework. Bidders should connect their equality commitments to specific TOMs measures.
Who enforces PSED?
The Equality and Human Rights Commission has formal enforcement role. Individuals affected by alleged PSED breaches can also raise judicial review challenges. In procurement specifically, equality-relevant procurement decisions can be challenged through both the standard procurement challenge mechanism (PCR / PA 2023) and PSED-specific mechanisms.