EHRC issues guidance on procurement and public sector equality duty

The Equality and Human Rights Commission has issued "myth-busting" guidance for public bodies on complying with the public sector equality duty at different stages of the procurement cycle.

The guide, Buying Better Outcomes, covers the following topics (and provides practical examples):

  • The legal framework: the Equality Act and the wider legislative framework;
  • Equality and procurement strategy;
  • Identifying need and building a business case;
  • Equality requirements in contract specifications;
  • Terms and conditions and equality clauses;
  • Advertising and selection of tenderers;
  • Assessing contractor technical capacity and ability;
  • The invitation to tender;
  • Developing an award process;
  • Implementing the contract conditions and monitoring it;
  • Termination, exit and learning lessons.

The Commission said: “Following the PSED can be an effective tool for directing resources to where the need is greatest and thus improving the efficiency and effectiveness of public service delivery.

“It can allow organisations to better meet the needs of their customers, achieve better value for money and improve outcomes for disadvantaged groups. Complying with the PSED also helps ensure that organisations meet the requirements of European procurement law.”

It added that the guidance showed how organisations could take a proportionate approach to shaping and targeting of goods and services, “whether it is simple, straightforward compliance with the law or following best practice examples”.

The guidance has also been written to demonstrate how, by using their purchasing power, public authorities can promote equality and, where appropriate, achieve wider social benefits.

Dr Karen Jochelson, Director of the EHRC’s Economy and Employment Programme said: "There are a lot of myths about what organisations need to do to comply with the public sector equality duty and the amount of time and effort it involves.

“This guidance will help dispel some of the misconceptions by demonstrating what public authorities need to do as a basic minimum to ensure they comply with the law, as well as how they can take a best practice approach to using their procurement processes to improve equality outcomes."

The EHRC said it would be publishing an additional suite of supporting materials including four training modules, PowerPoint presentations, case studies and references to further reading and complimentary products next month.

A copy of the Buying Better Outcomes guidance can be obtained here.