Equality analysis
Guidance notes and template
This equality analysis guidance is provided to support you in meeting the requirements
of the Public Sector Equality Duty which came into force on 5 April 2011
Introduction
In keeping with the University’s values, it is important that we develop policy and services that are inclusive and
that we make decisions fully aware of their consequences.
Equality is a key commitment for us because we understand the importance of valuing people and we understand
the value that diversity brings to our institution.
Our legal duty
Inclusion is more than just a good intention or aspiration. The advancement of equality is also a legal requirement
with which we must comply. The University is required to have due regard to the need to:
1. Prevent discrimination,
2. Advance equality of opportunity, and
3. Foster good relations
This duty applies to all of the functions of the University. The following characteristics are protected:

age

disability

gender reassignment (transgender)

marriage and civil partnership

pregnancy and maternity

race

religion or belief

sex

sexual orientation
Equality analysis
Equality analysis is the method used to demonstrate that the University is giving due regard to equality when
developing and implementing changes to strategy, policy and practice. The purpose of equality analysis is
twofold - 1) to identify unintended consequences and mitigate them as far as is possible, and 2) to actively
consider how change to policy might support the advancement of equality and fostering of good relations.
Changes being proposed through policy or strategy need to be analysed from an equality perspective and the
results considered before decisions are made. Where negative impacts are identified, consideration needs to be
given to mitigating those negative impacts. The findings of analysis need to be documented and reported to a
relevant committee or, steering group and that body is responsible for taking this information into account before
making decisions.
Using evidence
One of the big challenges with equality analysis is having a sufficient and proportionate amount of evidence to
complete the analysis in a meaningful way. If you consider that a change has no equality relevance or no adverse
impact, ask yourself whether you have enough evidence to defend this finding. The resources listed in Annex B
may be helpful.
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Frequently asked questions
1. What is the Public Sector Equality Duty?
The Public Sector Equality Duty was enacted under the provisions of the Equality Act 2010 and became law on 5
April 2011.
It requires public authorities, in the exercise of their functions, to have due regard to the need to:
a) Eliminate unlawful discrimination, harassment, victimisation and other conduct prohibited by the Act.
b) Advance equality of opportunity between people who share a protected characteristic and those who do
not.
c) Foster good relations between people who share a protected characteristic and those who do not.
Having due regard for eliminating discrimination involves:

Ensuring there is no less favourable treatment for protected groups.

Ensuring no factors give rise to indirect discrimination.
Having due regard for advancing equality of opportunity involves:



Removing or minimising disadvantage suffered by people due to their protected characteristics.
Taking steps to meet the needs of people from protected groups where these are different from the
needs of other people.
Encouraging people from protected groups to participate in public life or in other activities where their
participation is disproportionately low.
Having due regard for fostering good relations involves:


Tackling prejudice
Promoting understanding
2. What is the duty to conduct equality analysis?
Equality analysis is the method used by the University of Winchester to demonstrate that it is giving due regard to
equality when developing and implementing changes to strategy, policy and practice. The purpose of equality
analysis is twofold – 1) to identify unintended consequences and mitigate them as far as is possible, and 2) to
actively consider how change to policy might support the advancement of equality and fostering of good
relations.
To meet the duty, it is important that:
a) Appropriate, valid and reliable evidence is used to inform the equality analysis,
b) The results of analysis are considered before policy decisions are made,
c) Mitigation is considered for any adverse impacts identified, and
d) A written record is kept that demonstrates due regard has been given.
3. Policy, strategy, practice, project – what’s in scope?
Guidance from the Equality and Human Rights Commission indicates that the requirement for equality analysis
needs to be interpreted broadly to embrace the full range of practices and decisions taken. However, as
discussed below, the amount of analysis required for each change is determined by the relevance of the change
to equality, which means that equality analysis should be proportionate.
4. What does ‘due regard’ mean?
The weight given to equality needs to be proportionate to its relevance. In practice this means identifying those
activities and changes which have the greatest potential to contribute to meeting the aims of the duty and
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conducting a greater amount of analysis for those activities. Activities which have a limited potential to lead to
unlawful discrimination or to advance equality will require less analysis.
5. What characteristics need to be considered in equality analysis?
Consideration needs to be given to the following characteristics: age, disability, gender reassignment, pregnancy
and maternity, race/ethnicity, religion or belief, sex/gender and sexual orientation. Marriage and civil partnership
status is also covered for the first aim of the duty only (the requirement to eliminate unlawful discrimination) and
only with respect to employment and not education.
6. Who should conduct equality analysis?
Individuals that are closest to the changes taking place are responsible for undertaking equality analysis. For
policy development, this could be any member of staff, but likely to be grade 7 or above. It is important that the
analysis and completion of the template is not delegated to someone who is not otherwise involved in the policy
development.
7. When should equality analysis take place?
Importantly, analysis should be carried out before decisions are taken. The timeline and milestones of individual
policies and strategies will determine the most appropriate time for analysis to be undertaken.
8. How should I approach the equality analysis?
The first step is to consider the nature of the change. The second step is to consider if that change is equality
relevant (most changes will be). If it is, the third step is to consider what type of evidence will be helpful, to
consult it and analyse it from an equality perspective. The fourth step is to identify any actual or likely adverse
impacts and to consider how these can be reduced. The fifth step is to consider ways that the change might help
to advance equality of opportunity or foster good relations. The sixth and final step is to document the analysis
and findings, obtain authorisation and send a copy of the completed analysis template to
[email protected].
The third step is the most important one and the best way to approach this is to consider each characteristic in
turn, attempting as far as possible to view the world from the perspective of different sides of the characteristic.
So for sex/gender for example, consider the policy or strategy change from the perspective of men, and then do
the same from the perspective of women. For age, consider the policy or strategy change from the perspective of
people of different ages. For characteristics where fewer people are protected, for example transgender or
pregnancy/maternity, consider the policy or strategy change from that minority perspective.
10. What evidence should I gather/use?
It is important that judgments are made as objectively as possible, using a range of appropriate, valid and reliable
evidence. The actual evidence used will vary, depending on the nature of the policy or project, but may include:
a) Monitoring and benchmarking information about people who are likely to be affected
b) Complaints/feedback previously received
c) Information collected from surveys
d) Known issues that have been raised or addressed previously in this policy/project area
e) Factors commonly known about the needs of people in relation to different characteristics, for example:
accessibility for disabled people, mobility for some older people, resting facilities for pregnant women,
dietary requirements for religious observances, safety for people who may become victims of
harassment, occupational gender segregation, privacy for transgender people.
In practice, it can be challenging to obtain appropriate, valid and reliable evidence for all of the characteristics.
For characteristics where information is difficult to obtain, it may only be possible to consider ‘likely’ impacts. The
written record should show that due regard has been given across all the characteristics in order to demonstrate
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compliance, but in some cases this might mean documenting the fact that there is currently no reliable evidence
available in which to make judgments.
Annex B provides information about sources of evidence.
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Annex A: Equality analysis template
These equality analysis guidance notes and template are provided to support you in meeting the requirements of
the Public Sector Equality Duty which came into force on 5 April 2011. You should use this template to record
evidence that equality analysis has been carried out before policy decisions take place. The form is a written
record that demonstrates that you have shown due regard to the need to eliminate unlawful discrimination,
advance equality of opportunity and foster good relations with respect to the characteristics protected by
equality law.
Please ensure you read the guidance notes and any available examples before attempting to complete this form.
If you require further help, please contact a senior member of staff in Human Resources.
1. About the policy or strategy
Name of the policy or strategy:
Revised or new:
Person with responsibility for the policy or strategy:
2. Decide if the policy or strategy is equality relevant
Does the policy or strategy involve, or have consequences for students, employees or other
people? If yes, please state who will be affected.
If yes, then the policy or strategy is equality relevant. If no, you can skip steps 3 to 5. The
majority of policies and strategies are equality relevant because they affect students or staff
in some way.
3. Gather evidence to inform the equality analysis
What evidence have you consulted or gathered to help inform this analysis? Please ensure you check Annex B of
the guidance notes for sources of evidence, especially if you have gaps. Please consider all of the protected
characteristics, as listed on page 2.
Evidence consulted:
4. The duty to eliminate discrimination
Based on the evidence you have considered, describe any actual or likely adverse impacts that may arise as a
result of the policy or strategy decision. Where actual or likely adverse impacts have been identified, you should
also state what actions will be taken to mitigate that negative impact, ie what can the University do to minimise
the negative consequences of its decision/action.
Characteristic
Actual or likely ADVERSE impacts identified
Age
Disability
Gender reassignment
(Transgender)
Marriage and civil
partnership (applies to
employment only)
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Actions that will be taken to mitigate the
adverse impacts identified
Pregnancy and maternity
Race/ethnicity
Religion or belief
Sex/gender
Sexual orientation
5. The duty to advance equality of opportunity and foster good relations
Can the policy or strategy help to advance equality of opportunity or foster good relations in any way? Please
provide details.
Characteristic
Ways that this policy/project can advance
equality of opportunity
Ways that this policy/project can foster good
relations
Age
Disability
Gender reassignment
(Transgender)
Marriage and civil
partnership
Not applicable – see F.A.Q. 5
Pregnancy and maternity
Race/ethnicity
Religion or belief
Sex/gender
Sexual orientation
6. Completion and Authorisation
Summary of actions to be taken as a result of this analysis (add additional rows as required):
1.
2.
3.
Name & job title of person completing this analysis:
Date of completion:
Name & job title of authorised person:
(If you have any doubts about the completeness or
sufficiency of this equality analysis, you may seek advice
from a senior member of staff in Human Resources)
Date emailed to [email protected] with copy of the
relevant policy or strategy
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Name and job title of
person who will take
this action
Annex B: Sources of evidence for equality characteristics
Equality Challenge Unit website (Publications and research reports): http://www.ecu.ac.uk/
Equality and Human Rights Commission website (Publications and research reports): http://www.equalityhumanrights.com/
Equality in HE annual statistical report (Staff and student quantitative benchmarking data, by age, disability, ethnicity and gender
– published on Equality Challenge Unit website)
Government Equalities Office website (Guidance and public policy): http://www.equalities.gov.uk/
Office for National Statistics website: http://www.statistics.gov.uk/default.asp
University of Winchester equality and diversity monitoring reports https://intranet.winchester.ac.uk/information-bank/humanresources/Documents/Forms/all.aspx?FilterField1=TaxKeyword&FilterValue1=equality
University of Winchester widening participation data https://intranet.winchester.ac.uk/information-bank/wideningparticipation/SitePages/Home.aspx
Age
Employers Forum on Age website resources and publications: http://www.efa.org.uk/
Disability
Government Office for Disability Issues – statistics and research reports:
http://odi.dwp.gov.uk/disability-statistics-and-research/index.php
Employers Forum on Disability website resources and publications: http://www.efd.org.uk/
Gender reassignment
(Transgender)
Guidance and research on the Equality Challenge Unit website
Gender Identity Research and Education Society website resources and publications:
http://www.gires.org.uk/
Marriage and civil
partnership
Office for National Statistics – data on marriages and civil partnerships:
http://www.statistics.gov.uk/social-indicators/society.asp
Fact Sheet from Lifelong Learning UK: http://www.lluk.org/wp-content/uploads/2011/03/Equality-Act2010-factsheet-Marriage-and-civil-partnership.pdf
Pregnancy and
maternity
Guidance on the Equality Challenge Unit website
Race/ethnicity
Race for Opportunity website resources: http://www.bitcdiversity.org.uk/
Religion or belief
Employers Forum on belief website resources: http://www.efbelief.org.uk/
Equality Challenge Unit publications on ‘religious observance in higher education’
Sex/gender
Opportunity Now website resources: http://www.bitcdiversity.org.uk/
Gender publications and research from relevant professional bodies
Sexual orientation
Stonewall website and publications: http://www.stonewall.org.uk
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Annex C: Protected characteristics defined
The Equality Act 2010 sets out protected characteristics and the public sector equality duty. The protected
characteristics are defined in the table below.
Protected characteristic
Definition
Age
This includes a person belonging to a particular age (e.g. 32 year
olds) or a range of ages (e.g. 18 - 30 year olds).
Disability
A person has a disability if s/he has a physical or mental
impairment which has a substantial and long-term adverse effect
on that person's ability to carry out normal day-to-day activities.
Gender reassignment
The process of transitioning (changing) from one gender to
another. (The Equality Act 2010 uses the term “transsexual” to
refer to people undergoing gender reassignment).
Marriage and civil partnership
Marriage is defined as a 'union between a man and a woman'.
Same-sex couples can have their relationships legally recognised
as 'civil partnerships'. The Equality Act 2010 protects married and
civil partnered couples equally. It does not extend the protection
to couples not in a legally recognised relationship or to people not
in a relationship.
Pregnancy and maternity
Pregnancy is the condition of being pregnant or expecting a baby.
Maternity refers to the period after the birth, and is linked to
maternity leave in the employment context. In the non-work
context, protection against maternity discrimination is for 26
weeks after giving birth, and this explicitly includes treating a
woman less favourably because she is breastfeeding.
Race
This includes a person or group of people defined by their race,
colour, and nationality (including citizenship) ethnic or national
origin.
Religion and belief
Religion means any religion; belief means any religious or
philosophical belief including lack of belief e.g. Atheism.
(Generally, a belief should affect life choices or the way someone
lives for it to be included in the definition.) The Equality Act 2010
also protected people on grounds of lack of religion or belief.
Sex
A man or a woman.
Sexual orientation
Whether a person's sexual attraction is towards their own sex, the
opposite sex, both sexes, or neither sex (which is not the same as
celibacy).
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