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This paper seeks to discuss the case‐law stemming from the disability equality duty under section 49A of the Disability Discrimination Act 1995, now reformulated as one part of the public sector equality duty under section 149 of the Equality Act 2010.

The paper focuses in particular on the consequences of the case law for the development and implementation of policy relating to the provision of support for disabled people.

Analysis of the relevant legal principles and individual cases reveals the high standards by which policy‐making will be tested in the courts and the serious consequences of defects in the decision‐making process.

Policy‐makers and those acting on behalf of disabled people will need to pay extremely close attention to the requirements of the equality duty.

The paper highlights the nature of the new public sector equality duty and its growing importance to public authorities and those affected by their decisions in the new financially straitened policy environment.

An increasing number of countries have introduced duties for public-sector organisations who, in addition to addressing discrimination, are now also required to promote equality of opportunity between different groups. The purpose of this paper is to explore the limited progress of gender equality policies, through a study of the local implementation of equalities policies. The authors highlight the role of equalities leads in the public sector as local “agents of change”, and explore explanations of the implementation gap between policy and practice.

The paper reports on a small-scale qualitative study with equalities leads in the health sector in England. The study comprised semi-structured interviews with equalities leads from nine health organisations which were purposively selected to include a mix of areas and populations. The interviews focused on the leads’ backgrounds and their perceptions of barriers to their work.

The equalities leads had a range of experience prior to their current post, though most had little formal subject-specific training. They highlighted a number of barriers to effective implementation of gender equality strategies, including resource issues, the impact of organisational change, the increased the number of equalities they were expected to address, organisational perceptions that gender was no longer a priority and resistance to what are seen as “tick box” exercises.

The value of this paper is that it adds to the understanding of the challenges facing the implementation of gender equalities policies in the health sector, the reasons for these and the role of local policy implementers in the effectiveness of national equalities policies.

The UK Coalition government introduced a raft of welfare reforms between 2010 and 2015. As part of its response to the financial crisis, reforms were designed to cut public expenditure on social security and enhance work incentives. Policy makers are required by legislation to have due regard to the need to eliminate discrimination, advance equality of opportunity and foster good relations between different people. This Public Sector Equality Duty is an evidence-based duty which requires public authorities to assess the likely effects of policy on vulnerable groups. This chapter explores the extent to which the Department for Work and Pensions adequately assessed the equality impacts of key welfare reforms when policy was being formulated. The chapter focuses on the assessment of the impact of reductions to welfare benefits on individuals with protected characteristics – age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, sex and sexual orientation – including individual and cumulative impacts. It also considers mitigating actions to offset negative impacts and how the collection of evidence on equality impacts was used when formulating policy. The chapter shows that the impacts of the reforms were only systematically assessed by age and gender, and, where data were available, by disability and ethnicity with no attempt to gauge cumulative impacts. There is also evidence of Equality Impact Assessments finding a disproportionate impact on individuals with protected characteristics where no mitigating action was taken.

This chapter provides comparative insights into the context of equality and diversity in the United States and the United Kingdom. It argues that there is a real danger that progressive initiatives in combatting racism in both countries may have stalled and indeed may be slipping backwards. The chapter focuses on one sector, the healthcare sector, where service delivery is local but where in both countries there is huge reliance on an international workforce through migration. Despite huge differences in the US and UK healthcare systems, it is found that the pattern of migration with respect to both highly qualified professional workers (e.g. physicians) and middle and lower ranked workers is similar. The resilience of racial disadvantage is exposed in the context of a range diversity management initiatives.

The purpose of this paper is to explore what has happened to the notion and reality of equal pay over the past 50 years, a period in which women have become the majority of trade union members in the UK. It does so in the context of record employment levels based upon women’s increased labour market participation albeit reflecting their continued over-representation in part-time employment, locating the narrowed but persistent overall gender pay gap in the broader picture of pay inequality in the UK.

The paper considers voluntary and legal responses to inequality and the move away from voluntary solutions in the changed environment for unions. Following others it discusses the potential for collective bargaining to be harnessed to equality in work, a potential only partially realised by unions in a period in which their capacity to sustain collective bargaining was weakened. It looks at the introduction of a statutory route to collective bargaining in 2000, the National Minimum Wage from 1999 and at the Equality Act 2010 as legislative solutions to inequality and in terms of radical and liberal models of equality.

The paper suggests that fuller employment based upon women’s increased labour market activity have not delivered an upward pressure on wages and has underpinned rather than closed pay gaps and social divisions. Legal measures have been limited in the extent to which they have secured equal pay and wider social equality, whilst state support for collective solutions to equality has waned. Its replacement by a statutory minimum wage initially closed pay gaps, but appears to have run out of steam as employers accommodate minimum hourly rates through the reorganisation of working time.

The paper suggests that statutory minima or even voluntary campaigns to lift hourly wage rates may cut across and even supersede wider existing collective bargaining agreements and as such they can reinforce the attack on collective bargaining structures, supporting arguments that this can reduce representation over pay, but also over a range of other issues at work (Ewing and Hendy, 2013), including equality.

There are then limitations on a liberal model which is confined to promoting equality at an organisational level in a public sector subject to wider market forces. The fragmentation of bargaining and representation that has resulted will continue if the proposed dismantling of public services goes ahead and its impact upon equality is already suggested in the widening of the gender pay gap in the public sector in 2015.

Based on the nursing occupation within the UK and The Netherlands' health sectors, which are both highly regulated with policies to increase inclusiveness, the purpose of this paper is to investigate the interplay between employment conditions and policy measures at sectoral level, in order to identify how these both facilitate and limit employment participation for disabled workers.

The research was exploratory in character using qualitative and comparative methods within a case study approach. It draws on statistical data, document analysis, focus group discussion and interviews with key actors in the health sectors in both countries.

Whether the social or medical model predominates, their combined use encourages the employment of disabled persons in the health sector. Arguably the social model, focusing on structural changes, can be seen as more enabling. The Dutch comparison shows that encouraging a sector‐specific approach, with increased social partnership dialogue, facilitates the implementation of the social model, resulting in sectorally‐appropriate enabling measures.

This research highlights the need for a sector‐specific approach to disability policy, with development of sectoral monitoring data and evaluation of impact by the social partners.

While previous academic research focused on the aggregated (national) level only, this research investigates the interplay between training, employment, working conditions and policy measures at sectoral and occupational levels, with a view to identifying their influence on employment opportunities for persons with disabilities.

This paper aims to analyse the extent to which privatising – or denationalising land – has legal and policy effects.

It applies the law in context scholarship to the question of land privatisation.

Of all the recent privatisations in England, the most valuable, and yet least recorded, is of land. According to one estimate, two million hectares or 10 per cent of the Britain landmass, left the public sector for private ownership between 1979 and 2018. Privatisations include land that is sold, leased or where a public body changes its status. This paper aims to explore these privatisations, considering them as denationalisations, concluding that the effects are most significant in housing where the differences between social and private renting in relation to rents, the security of tenure and housing quality are striking. Moreover, although other public law restraints on the state-owned property are often limited, they are also still significant, facilitating scrutiny, particularly in combination with the public sector equality duty or site-specific duties for libraries, allotments or playing fields. All the sites disposed of to private developers, landlords and companies have lost these protections.

This is the first time this question has been considered in this way from a legal perspective.

The communications industry faces a recruitment crisis. Despite the pivot to hybrid working and the ever-increasing number of young people opting to study the discipline, over half of recruiters in the public sector and three quarters of those recruiting for agencies struggle to fill vacancies. This chapter examines these trends from a radical feminist perspective, arguing the communications industry is squandering young, female talent by failing both new entrants and mothers returning to work after childbirth. This analysis is based on a series of surveys undertaken between 2020 and 2022 to examine the expectations and lived experience of women, and in particular communications students and mothers, working in or aspiring to work in the sector. Over 73% of the women surveyed had experienced gender-based discrimination and harassment, and 66% had been forced to choose between their careers and having a child. Of the young entrants to the profession surveyed, 88% believed becoming a mother would negatively impact their career, while 32% had experienced discrimination while undertaking their student placement. Analysis of these data indicates the sector faces a crisis of its own making by failing to provide a workplace culture worth working in. The chapter concludes only a direct challenge to male hegemony can redress the gender imbalance, free up talent to meet skills shortages and provide lasting change for women working in communications. It offers a series of recommendations for how professional bodies can address these issues and empower young women to achieve the career outcomes they deserve.

The purpose of this paper is to explore potential benefits in aligning Joint Strategic Needs Assessments (JSNAs) with implementation of the Equality Delivery System (EDS) to improve commissioning of healthcare for minority ethnic groups.

The paper draws on data gathered for a large research study carried out in England exploring the use of evidence in commissioning for multi‐ethnic populations, to present a reflective discussion on the potential synergies between JSNA and EDS processes. Qualitative data were collected from 62 interviews with stakeholders in Sheffield, Leeds and Bradford, who, as part of their normal role, had an active responsibility to contribute to decision making for commissioning healthcare. 19 individuals working in national roles with experience in evidence use, ethnicity and commissioning across NHS, local authorities and third sector were also interviewed. Observational data were collected through regular attendance at an NHS Equality Group, which had Equality Delivery System implementation within its remit, and from a regional workshop focussing on Joint Strategic Needs Assessment improvements. Observations also came via participation in local EDS implementation meetings across Sheffield, Leeds and Bradford. These data were supplemented by a review of local and national policy literature about implementing JSNA and EDS.

Formally strengthening the connection between JSNAs and the EDS has potential benefits for enhancing the evidence base about health and wellbeing needs of minority groups in general, and ethnic minorities in particular.

NHS and Local Authority organisations need to establish structural processes to formally connect these two workstreams and to ensure adequate resource is made available, with clear direction from senior management.