Can Equality Act protections be replaced with common sense, as Kemi Badenoch suggests?

Lead

Kemi Badenoch, the leader of the Conservative Party, has announced her intention to scrap the public sector equality duty (PSED), a legal requirement for public bodies in the UK to consider how their policies affect different groups in society. The move, part of her campaign against what she describes as "identity politics," is designed to position her party as responsible yet responsive to populist anger, according to The Guardian.

The PSED, introduced in the wake of the Stephen Lawrence inquiry more than two decades ago, requires public bodies such as local councils, police forces, and hospitals to think proactively about equality law. Badenoch, who served as Conservative minister for equalities between 2020 and 2022, argues that the duty has been used to advance "dangerous and divisive agendas," affecting public bodies from the police to the Bank of England.

Coverage Comparison

Two articles from The Guardian provide the core reporting on this story. The first focuses on Badenoch's speech and the Conservative party's stance on equality, quoting her criticism of the PSED and citing the Bank of England's decision to replace historical figures on banknotes with animals as an example. The second piece examines expert opinions on the potential consequences of scrapping the duty, highlighting concerns from equality law experts and trade union leaders.

Neither article suggests that the PSED requires public organisations to provide a specific service or introduce a particular policy. Experts argue that the duty simply obliges public bodies to consider the equality implications of their decisions, not to adopt any predetermined course of action.

Key Claims

Badenoch's plan to scrap the PSED is a central claim, reported by both sources. She argues that the duty encourages public bodies to prioritise "dangerous and divisive agendas" over common sense, citing the Bank of England's decision to replace historical figures with animals on banknotes as an example. The Bank has stated that this decision was driven by a public consultation in which historical figures came third behind nature and landmarks.

The Equality and Human Rights Commission (EHRC) argues that the PSED has a positive impact on equality practice, according to reports. However, the TUC's general secretary, Paul Nowak, accused Badenoch of wanting to legalise discrimination, saying the proposal "would give a future Tory government a free hand to harm your life chances if you're a woman, gay, black, disabled or working class."

The Equality Act, which introduced the PSED, protects people from discrimination in the workplace and wider society on protected characteristics such as race, sex, disability, religion, age, and sexual orientation.

Experts, including Karon Monaghan KC, a barrister specialising in equality law, stress that the duty does not require public bodies to adopt particular policies. They warn that removing the PSED could lead to an increase in discrimination claims and greater legal uncertainties.

Perspectives

Supporters of Badenoch's proposal argue that the PSED has been exploited to advance "radical ideologies" and nonsensical diversity training programmes. They believe that scrapping the duty would allow public bodies to focus on effective decision-making rather than identity-based considerations.

Opponents, including equality law experts and the TUC, contend that the PSED is a vital tool for promoting equality and preventing discrimination. They argue that Badenoch's plan misunderstands the duty's purpose and could roll back hard-won progress.

The debate reflects broader tensions in British politics over equality, diversity, and the role of the state in addressing historical inequalities.