Last month the UK Government’s Office for Equality and Opportunity released a call for evidence on Equality Law.

Towards the end of the document are four questions relating to a tool called the ‘socio-economic duty’—which, if effectively implemented, could significantly influence how public authorities make decisions by introducing a ‘duty for fairness’.

In this blog, we’ll explore the potential of the socio-economic duty, key considerations for those to consider when responding to the call for evidence, and Just Fair’s recent work in this area.

The socio-economic duty

Provision for the socio-economic duty is found in Section 1 of the Equality Act 2010.

The duty requires public authorities to consider the ways their decisions increase or decrease inequalities that result from socio-economic disadvantage – which is why it can be thought of as a ‘duty for fairness’.

The duty was not commenced in 2010 and, unlike in Scotland and Wales, it remains uncommenced in England. However, this is set to change as the Labour Party has committed in its 2024 Manifesto to “enact the socio-economic duty in the Equality Act 2010”.

Over the past year, Just Fair has been working with officials at the Office for Equality and Opportunity, and others, to support preparations for commencement of the duty – that is, bringing it into force.

The effective commencement of the socio-economic duty is an important step forward towards greater protection of economic, social and cultural rights for people in the UK.

We know that violations of these rights often lead to socio-economic disadvantage. If effectively commenced, the duty will require public authorities to actively consider socio-economic disadvantage and ensure that appropriate mitigations are considered while making decisions of a strategic nature.

Call for evidence

A key part of the work to commence the duty is the call for evidence on Equality Law. This call covers a range of issues, including pay discrimination, enforcement of pay rights, and the Public Sector Equality Duty.  It also contains a section on the socio-economic duty.

As noted above, the duty has already been enacted in Scotland and Wales.  In addition, many public authorities have voluntarily adopted the duty in England.

This scale of adoption has generated valuable experience regarding what supports the effective implementation of the duty, as well as the barriers that still exist.

The call for evidence seeks to gather these insights to help ensure that commencement of the duty is as effective as possible.

The deadline for responses is 30 June 2025.

Questions 48-51 in the call for evidence relate to the duty.  They ask about:

• the effectiveness of the duty in Scotland and Wales and its voluntary adoption by some public authorities in England;
• proportionate steps that could be taken to ensure the duty is as effective as possible; and
• effective approaches public authorities can take.

We encourage anyone with experience of the duty in practice to respond to the consultation. Ensuring the duty can effectively promote fairness, rights and greater equality requires as many of us as possible to share our knowledge.

If you are responding, Just Fair – along with our partners in the 1ForEquality campaign – have produced several resources that may be of use:

• The socio-economic duty in action: case studies from England and Wales (2023) – This report provides examples of successful implementation of the socio-economic duty in England and Wales.
• A Practical Guide for Local Authority Implementation of the Socio-economic Duty in England (2021) – This guide provides a series of practical steps to consider when adopting the duty, drawing on its implementation across England (voluntary), Wales and Scotland.
• Tackling socio-economic inequalities locally (2018) – This research explores how a selected number of English local authorities are tackling socioeconomic disadvantage and how a legally enforceable duty would support this endeavour.

Just Fair’s work on the duty

As co-leads on the 1ForEquality campaign, it’s been a busy time for us. Last month we held a well-attended session on the call for evidence alongside our campaign partners.

We have also continued our monthly engagements with the 1forEquality campaign group, the Equality and Human Rights Commission, and the Office for Equality and Opportunity.

In March, we attended the first meeting of the Office for Equality and Opportunity’s Expert Advisory Group on the duty. Our role in this group is to work alongside UK Government officials and other stakeholders to co-produce guidance and support materials for the commencement of the duty – particularly the statutory guidance.

We will continue to support efforts aimed at helping the duty reaches its full potential as a duty for fairness, rights and greater equality.  This includes promoting that, when decisions of a strategic nature are made, those experiencing socio-economic disadvantage (and rights violations) are at the centre of considerations.