On the 6 April the Gender Equality Duty (“GED”) comes into force under the Equality Act 2006. It has been described as the most important sex equality legislation for 30 years, and will impose a positive duty on public authorities to address the different requirements of men and women among their service users. The duty shifts the balance from an individual being required to show discrimination towards the public authority demonstrating equality. The duty applies equally to the roles of service provider and employer.
Public Authorities
Under the Equality Act 2006, a public authority is defined as “any person who has functions of a public nature” and will therefore cover GP and Dental surgeries.
Service Provider
Male and female service users have different requirements and will approach a service accordingly. The Equal Opportunities Commission gives the example of the provision of service by a General medical practice and states that men are less likely to visit their GP than women; a practice should examine the way their services are provided and whether there are alternatives that would increase use by male patients. This could be the provision of a clinic at football grounds or targeting male patients for specific treatments.
Employer/Employee
The relationship between an employer and an employee is another area targeted by the new legislation. Recruitment and employment policies should be reviewed as the GED imposes the duty on an employer to ensure that the workplace has a gender balance. Are there barriers that are reducing the number of suitable female applicants for posts? Examples of these may be the maternity arrangements available or the provision of flexible working.
Implications
A failure to comply with the GED can result in the imposition of a compliance notice by the Equal Opportunities Commission (which will become the Commission for Equality and Human Rights in due course)
