The legislative & policy-based case for going further
The case for going further
All organisations in the UK must comply with UK legislation and the laws that govern England, Wales, Scotland, Northern Ireland, the Channel Islands and the Isle of Man. Organisations also set out their own policies that must be followed by their staff.
UK law (the Equality Act of 2010) clearly states that race is a protected characteristic, and that all public and private organisations have a legal obligation to combat racism and inequality. Official committees and watchdog organisations exist to ensure the law is being met and to provide guidance and support to all citizens.
In England, Wales and Scotland, public authorities are also mandated by policy (the Public Sector Equality Duty) to publish equality information annually and equality objectives every four years. This provides strategic direction and a tool for improvement in line with existing legal obligations.
Complying with the law is a key part of the healthcare sector's commitment to providing high quality care for all. That vision cannot be achieved without advancing equity to reduce the health inequalities that people face due to their race.
What does the law and public policy say about further advancing race equity?
Race is a protected characteristic, and the healthcare sector must advance race equity.
Race is classified as a protected characteristic under the Equality Act of 2010 in England, Wales, and Scotland, and the Race Relations Order 1997 in Northern Ireland. Organisations are mandated to eliminate discrimination, harassment, and victimisation, advance equality of opportunity and foster good relations between persons who share a relevant protected characteristic and persons who do not share it.1 Jersey, Guernsey, and the Isle of Man all have similar legislations that protect against discrimination on the grounds of race.2
The Equality and Human Rights Commission exists to help ensure that organisations comply with the law and public policy.
The body has powers to investigate an organisation or individual that is suspected to have broken equality law; enter into formal, legally binding agreements with an organisation or individual to agree to an action plan to prevent future discrimination; give legal assistance to individuals making claims under the Equality Act; and take or get involved in cases that will strengthen equality and human rights laws.3
Healthcare organisations have their own clear policies and objectives that further obligate them to comply with the law.
NHS England has set eight equality objectives for 2022/23 and 2023/24 to help ensure that it meets its Public Sector Equality Duty (PSED), all of which have associated targets against which progress is measured. For example, Equality Objective 4 [Internal Workforce] is 'to improve, by reference to protected characteristics, the recruitment, retention, progression, development and experience of people employed by NHS England.'4 NHS Scotland's Equality, Diversity and Inclusion Policy includes 'support[ing] the implementation of the PSED' and 'ensur[ing] an appropriate and supportive response to discrimination, harassment, and victimisation'.5
Public Health Wales's Strategic Equality Plan and Objectives 2020 - 2024, informed by 2010 Equality Act and the Welsh Government's Anti-Racist Wales Action Plan,6 sets out the need to 'create an inclusive environment in which equality, diversity and inclusion are prioritised'.7 Public Health Wales is also subject to Welsh-specific duties added to the Equality Act in 2011, which contain express provisions about 'engagement' and 'equality impact assessments'.8 Section 75 of the 1998 Northern Ireland Act made 'equality of opportunity' and 'promoting good relations' statutory duties in all public service delivery.9 Specifically in nursing, the Royal College of Nursing passed a Resolution at RCN Congress 2023 committing the RCN to ensuring that the organisation is 'anti-racist' and, as a result, an Anti-Racist Working Group was formed.10
