McColgan, A (2015) Litigating the Public Sector Equality Duty: The Story So Far. Oxford Journal of Legal Studies, 35 (3). pp. 453-485. ISSN 0143-6503
Abstract
This paper considers the development and judicial application of the Public Sector Equality Duty now found in section 149 Equality Act 2010, previously in a variety of forms in the Race Relations Act 1976, the Disability Discrimination Act 1995 and the Sex Discrimination Act 1975. It identifies a number of emerging themes in the jurisprudence concerned, in particular, with the relationship between the PSED and Wednesbury review, the extent of the information-gathering obligation it imposes, the delegability of PSED decision-making and the timing of PSED challenge. It then considers the uncertainties which remain including, in particular, the application of the duty to various categories of decision-making, and concludes by assessing the impact of the PSED on challenges to ‘cuts’ cases arising from the reductions to public sector funding, and on domestic equality jurisprudence.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © The Author 2015. Published by Oxford University Press. This is an author produced version of an article published in Oxford Journal of Legal Studies. Uploaded in accordance with the publisher's self-archiving policy. |
Keywords: | discrimination; equality; Equality Act 2010; Public Sector Equality Duty; judicial review |
Dates: |
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Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 24 Sep 2019 09:35 |
Last Modified: | 24 Sep 2019 09:35 |
Status: | Published |
Publisher: | Oxford University Press |
Identification Number: | 10.1093/ojls/gqv021 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:150695 |