Kemi Badenoch has promised to scrap a legal requirement that she says has become a 'minefield' for public services—but what exactly is the Public Sector Equality Duty, and why does it matter?
The Public Sector Equality Duty (PSED) is a legal obligation introduced in the Equality Act 2010 that applies to public bodies in England, Scotland and Wales. It requires organisations such as schools, hospitals, the police, and the Bank of England to consider how their decisions affect people with 'protected characteristics'—age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Specifically, the duty says public authorities must 'eliminate unlawful discrimination' and 'advance equality of opportunity between people who share and people who do not share a relevant protected characteristic'. The government's own guidance stresses it should be applied 'in a proportionate way' and not lead to 'overly bureaucratic and burdensome' processes.
“Explains the Public Sector Equality Duty and the debate over scrapping it.”
The duty was created as part of the 2010 Equality Act, which merged previous anti-discrimination laws like the Equal Pay Act and the Disability Discrimination Act into a single framework. Since then, individuals and groups have used it to challenge public bodies in court. In 2011, the High Court ruled that Somerset and Gloucestershire County Councils had breached the duty when they tried to cut funding for over 20 libraries. A year later, Devon County Council was found to have failed to meet its duty when setting fees for private care homes after a group of 100 care home owners argued the fees didn't cover costs, impacting vulnerable residents. In 2020, the Equalities and Human Rights Commission concluded the Home Office had not complied with the duty regarding its 'hostile environment' policies’ impact on the Windrush generation.
Now Conservative leader Kemi Badenoch, who served as minister for equalities from 2020 to 2022, says the duty has become a tool for 'dangerous and divisive agendas'. In a speech scheduled for Tuesday, she will argue it has 'become a minefield that exposes almost every significant public decision to legal challenge'. Her party claims the PSED is the 'legal foundation that has allowed identity politics' to spread through public services. As examples, they cite the Bank of England’s decision to replace historical figures with animals on banknotes—though the Bank said this was driven by public consultation—and police training that Badenoch says tells officers 'not to treat people the same'. The announcement comes a week after the murder of 18-year-old student Henry Nowak, which sparked a political row over whether police responses are influenced by equality law. Downing Street has rejected claims of 'two-tier policing'.
For UK readers, the PSED directly affects how public services operate. It influences decisions on school admissions, hospital closures, library funding, and police training. Badenoch’s proposal to scrap it would remove a legal check designed to prevent discrimination, but critics say it could lead to fewer safeguards for vulnerable groups. The Labour government promises a new equality and diversity strategy focused on getting working-class people into the civil service, while Reform UK wants to go further and scrap the entire Equality Act.
Q: What exactly is the Public Sector Equality Duty? A: It is a legal obligation under the 2010 Equality Act requiring public bodies to eliminate discrimination and promote equality of opportunity for people with protected characteristics like age, race, sex, and disability. It applies in England, Scotland, and Wales.
Q: Why does Kemi Badenoch want to scrap it? A: She argues the duty has been used to advance 'dangerous and divisive agendas', creating a legal 'minefield' that subjects almost every public decision to challenge. She says it fuels 'identity politics' and undermines common sense.
Q: What would happen if the duty is scrapped? A: Public bodies would no longer have a legal requirement to consider equality impacts when making decisions. Badenoch has not proposed a replacement, but her party says this is the first step in a broader plan to 'restore common sense'. Any change would require legislation and a Conservative election victory.
What happens next: Badenoch’s speech marks the start of her campaign to position the Conservatives against Labour’s equality agenda and Reform UK’s push to scrap the Equality Act entirely. No immediate legislation is planned, but the debate highlights a deepening political divide over how far equality law should go.