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The socio-economic duty, set out in the Equality Act 2010, requires certain public bodies to consider how their strategic decisions might help to reduce inequalities associated with socio-economic disadvantage. However, this duty was not introduced alongside other sections of the Equality Act 2010. Instead, it was implemented by the devolved governments of Scotland in 2018 as the Fairer Scotland Duty and in Wales in 2021. Certain public bodies – or duty-bearers – in Scotland and Wales, including Scottish and Welsh Ministers and Special Health Boards, must comply with this duty following its introduction in their respective nations.  

While the EHRC’s research notes duty-bearers in Scotland and Wales reported widespread understanding of the socio-economic duty, it also highlights differences in experiences of implementation between the two nations.  

In Scotland, organisations reported that tackling socio-economic disadvantage has become part of strategic decision-making, but this does not always result in organisation-wide understanding or implementation of the duty. In Wales, there are more mixed views on the ease of implementation – although most organisations have developed processes or frameworks to support compliance.

The research identified several areas where public bodies would welcome additional support to improve implementation, including greater training, guidance and resources, better access to good practice, knowledge sharing networks with other duty-bearers and collecting reliable data on socio-economic disadvantage.

John Kirkpatrick, Chief Executive of the Equality and Human Rights Commission, said:    

“Our new research provides valuable insight to help inform effective implementation of the socio-economic duty in England.  

“Public bodies in Scotland and Wales have been at the forefront of putting the duty into practice. While the UK government’s plans are yet to be finalised, our findings provide English bodies with the evidence to learn from their experiences, before the duty comes into force in England. We particularly note the desire expressed by organisations in Scotland and Wales for additional support to improve implementation.

“As Britain’s equality regulator, we plan to provide detailed advice on the introduction of the socio-economic duty in England once the UK government confirms its plans, including which organisations the duty will cover, how it will be regulated and enforced and how it will interact with the Public Sector Equality Duty.”  

The research also informed the regulator’s recent response to the Office for Equality and Opportunity’s call for evidence on equality law. Based on the insights provided by public bodies in Scotland and Wales, the EHRC offered advice to the UK government to help shape its plans for implementation of the duty. 

Notes to editors:

• For this latest research the EHRC sent survey invitations to 104 duty-bearers in Scotland and 39 in Wales. It received survey responses from 35 duty-bearers in Scotland and 20 in Wales. Five interviews were conducted with duty-bearers in Scotland, to gain a deeper understanding of their experiences.
• The results presented are based on a small number of duty-bearers in Scotland and Wales who chose to take part in the research. It was made clear to duty-bearers in Scotland and Wales that the survey was for research purposes, and that the information provided would not be used for compliance or regulatory purposes. The research may not capture the full range of the experiences of duty-bearers and should not be considered as providing robust statistical findings of organisations’ experience with the duty.  
• The EHRC responded to the Office for Equality and Opportunity’s call for evidence on equality law as part of its statutory role to monitor and advise on the effectiveness of Britain’s equality laws, as well as the likely effect of any proposed changes. The submission was informed by its experience regulating existing equality protections, while anticipating that it would have a role in regulating and enforcing any future measures.
• As well as its findings on the implementation of the socio-economic duty, the EHRC presented evidence and recommendations on measures to address pay discrimination, combined discrimination and harassment in workplaces.  While the EHRC has the expertise and capability to undertake enforcement activity, additional funds will be required to regulate any proposed new measures. 

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