Conservative leader Kemi Badenoch has announced plans to repeal the Public Sector Equality Duty (PSED), a legal requirement that mandates public bodies consider the impact of their decisions on equality. Badenoch, who served as equalities minister from 2020 to 2022, intends to use a speech on Tuesday to frame the duty as a vehicle for “dangerous and divisive agendas” within institutions ranging from the police to the Bank of England.
The Push to Repeal the PSED
Badenoch’s proposal is a central component of her broader campaign against what she terms “identity politics.” She argues that the PSED, a section of the Equality Act 2010, has been misused to prioritize diversity and inclusion training over standard public service delivery. The Conservative leader is supported in this effort by barrister Andrew Dinsmore, whose legal advice regarding the repeal is scheduled for publication on Tuesday.
The party’s position is intended to differentiate the Conservatives from both Labour, which Badenoch accuses of favoring “DEI bureaucracy,” and Reform UK, which has pledged to scrap the Equality Act entirely. The Conservatives contend that their more targeted approach prevents the total removal of protections, which they claim would otherwise “open the floodgates to more DEI.”
Implications for Public Institutions
The PSED currently requires public authorities to consider how they can eliminate discrimination, harassment, and victimization. According to the Equality and Human Rights Commission (EHRC), the duty is not a barrier to institutional performance. Instead, an EHRC spokesperson stated that most organizations use the requirements to design the best possible services for everyone, based on an understanding of how decisions affect different groups.
The potential removal of this duty has drawn concern from various groups, as the PSED covers protections related to disability, religion, and pregnancy, in addition to race. While Badenoch claims that “identity politics” and diversity training have negatively impacted the police, the government has rejected claims from the Trump administration regarding “two-tier policing” in the UK. Political tensions remain elevated following the murder of 18-year-old student Henry Nowak in Southampton.
What Happens Next
Following Tuesday’s speech, the proposal to repeal the PSED could trigger significant legislative debate. Because the EHRC and various advocacy groups view the duty as a necessary mechanism for preventing unlawful behavior, any move to dismantle it is likely to face substantial opposition. Furthermore, the future of the Equality Act remains a point of contention between the major political parties, suggesting that the scope of “identity politics” in public life will remain a key theme in forthcoming policy discussions.
Frequently Asked Questions
What is the Public Sector Equality Duty (PSED)?
The PSED is a legal requirement under the Equality Act 2010 that obligates public bodies to consider how they can improve society, promote equality, and end unlawful behavior such as discrimination, harassment, and victimization in their day-to-day operations.
Why does Kemi Badenoch want to scrap the PSED?
Badenoch argues that public bodies are using the PSED to advance “dangerous and divisive agendas.” She claims it has led to negative outcomes in public services, including police training and institutional priorities, and she intends to replace it as part of an effort to move away from “identity politics.”
How does the Conservative position differ from Reform UK?
The Conservatives characterize their plan to overhaul the Equality Act and repeal the PSED as a responsible alternative to Reform UK’s pledge to scrap the Equality Act entirely, which the Conservatives claim would lead to an increase in diversity, equity, and inclusion (DEI) bureaucracy.
How do you believe the removal of the Public Sector Equality Duty would influence the day-to-day operations of local public services?
