The Equality Act 2010 introduced the Public Sector Equality Duty. It requires public bodies such as Falkirk Council, to have due regard (or to consciously consider) the need to:

  • Eliminate discrimination, harassment, and victimisation.
  • Advance equality of opportunity between those who have protected characteristics and those who don't.
  • Foster good relations between those who have protected characteristics and those who don’t.

There are also a set of specific equality duties introduced by the Scottish Government to support the better performance of the general duty by public bodies.

The Council is committed to promoting fairness, dignity, respect, and equal opportunity for all who live, work, or visit the Falkirk Council area. Addressing all forms of inequality is fundamental to achieving our vision of making Falkirk, 'The Place to Be - where everyone can fulfil their potential’.

Our current priorities within our Corporate Plan are:

  • Delivering more sustainable communities to allow everyone to feel healthier, happier, and safer.
  • Making the Falkirk area more prosperous and help to support businesses.
  • Take a more innovative and entrepreneurial approach that is unafraid of change.

    You can read about how we deliver Equalities for our citizens, communities, and employees in our Mainstreaming Report:

Equality Outcomes and Mainstreaming Report

Workforce profile

Everyone is protected by the Act. Every person has one or more of the protected characteristics, so the Act protects all of us against unfair treatment. The protected characteristics are:

  1. Table of contents

If you would like information about Equality data in Scotland, you can access the Equality Evidence Finder.

You can find out more about equality and diversity via the websites below:

Human Rights Act

Human rights are the rights and freedoms that belong to every person in the world. They apply from birth until death, regardless of where you are from, what you believe or how you choose to live your life. These rights are defined and protected by law.

The Human Rights Act 1998 sets out the fundamental rights and freedoms that everyone in the UK is entitled to. It incorporates the rights set out in the European Convention on Human Rights (ECHR) into domestic British law. The Human Rights Act came into force in the UK in October 2000.

You can find more information on the human rights are covered by the Act in the Equality and Human Rights Commission website.

Human Rights in Scotland

Scotland's approach to human rights is also governed by international law. This has developed since the United Nations adopted the Universal Declaration of Human Rights in 1948. Seven major UN human rights treaties, along with eight Council of Europe human rights treaties, currently apply to Scotland.

The Scottish Human Rights Commission (SHRC) is an independent public body that promotes, protects the human rights of everyone in Scotland and is accountable to the people of Scotland through the Scottish Parliament. You can learn more about the Scottish Human Rights Commission on its website.

Human Rights-based approaches

Taking a human rights-based approach is about making sure that people's rights are put at the very centre of policies and practices. HRBA requires the use of human rights principles (universality, indivisibility, equality and non-discrimination, participation, accountability) to build the capacities and skills of both 'duty-bearers' in meeting their obligations, and ‘rights-holders’ in claiming their rights.

HRBA is one of the six Guiding Principles of the United Nations Sustainable Development Cooperation Framework. If you want to learn more about this you can do so on the United Nations Sustainable Development Group website.

Gender-Based Violence (GBV)

Convention on the Elimination of All Forms of Discrimination against Women (un.org) (CEDAW) Gender-Based Violence (GBV) is one of the UN treaties that the UK government has signed up to. It recognises that violence against women and girls is a consequence of women's inequality. One of its main aims is for women and girls to live a life free from violence and harm. Equally Safe is the Scottish government and COSLA joint strategy for Scotland that sets out the national approach to Violence against Women and girls .

Protected Characteristics by Equality Act 2010

Age

Age is defined as a person belonging to a particular age (40) or range of ages (16-25). Age groups can be quite wide (for example, 'people under 50' or 'under 18s'). They can also be quite specific (for example, ‘people in their mid-40s’). Terms such as ‘young person’ and ‘youthful’ or ‘elderly’ and ‘pensioner’ can also indicate an age group.

It is against the Equality Act 2010 if you are discriminated against because:

  • You are or are not a certain age or in a certain age group.
  • You are perceived to be a certain age or perceived to belong to a particular age group.
  • You are associated with someone of a particular age or who belongs to an age group.

You can find more information about age discrimination in the Equality and Human Rights Commission website.

Disability

It is against the law to discriminate against someone because of their disability. In the Equality Act 2010, a person is described as having a disability if they have a physical or mental impairment and the impairment has a substantial and long-term adverse effect on the person's ability to carry out normal day-to-day activities. People should not be treated less well or disadvantaged because they have a disability.

There are six main types of the discrimination that relate to disability: direct discrimination, indirect discrimination, failure to make reasonable adjustments, discrimination arising from disability, harassment, and victimisation.

You can find more information about disability discrimination in the Equality and Human Rights Commission website.

Gender reassignment

The Equality Act 2010 says that you must not be discriminated against because you are transsexual. You do not need to have undergone any specific treatment or surgery to change from your birth sex to your preferred gender to be protected from gender reassignment discrimination. This is because changing your physiological or other gender attributes is a personal process rather than a medical one. You can be at any stage in the transition process – from proposing to reassign your gender, to undergoing a process to reassign your gender, or having completed it.

The Equality Act says that you must not be discriminated against because:

  • of your gender reassignment as a transsexual. A wide range of people are included in the terms 'trans' or ‘transgender’ but you are not protected as transgender unless you propose to change your gender or have done so.
  • someone thinks you are transsexual (this is known as discrimination by perception).
  • you are connected to a transsexual person, or someone wrongly thought to be transsexual (this is known as discrimination by association).

You can find more information about gender reassignment discrimination in the Equality and Human Rights Commission website.

Marriage and Civil Partnership

The Equality Act 2010 says that you must not be discriminated against in employment because you are married or in a civil partnership. Marriage and civil partnership means someone who is legally married or in a civil partnership. Marriage and civil partnership can either be between a man and a woman, or between partners of the same sex.

There are three types of marriage and civil partnership discrimination: Direct discrimination, indirect discrimination, and victimisation.

You can find more information on Marriage and Civil Partnership discrimination on the Equality and Human Rights Commission website.

Pregnancy and maternity

Pregnancy and maternity discrimination is when you are treated unfavourably because you are pregnant, breastfeeding or you have given birth, in one of the situations that are covered by the Equality Act.

Pregnancy is the condition of being pregnant or expecting a baby.

Maternity refers to the period after the birth and is linked to maternity leave in the employment context. In the non-work context, protection against maternity discrimination is for 26 weeks after giving birth, and this includes treating a woman unfavourably because she is breastfeeding.

The treatment could be a one-off action or as a result of a rule or policy. It doesn't have to be intentional to be unlawful.

The Equality Act 2010 protects women against direct discrimination and victimisation because of the protected characteristic of pregnancy and maternity.

You can find more information on Pregnancy and Maternity discrimination on the Equality and Human Rights Commission website.

Race

The Equality Act 2010 says you must not be discriminated against because of your race.

In the Equality Act, race can mean your colour, or your nationality (including your citizenship). It can also mean your ethnic or national origins, which may not be the same as your current nationality. Race also covers ethnic and racial groups. This means a group of people who all share the same protected characteristic of ethnicity or race.

A racial group can be made up of two or more distinct racial groups. You may be discriminated against because of one or more aspects of your race.

There are four main types of race discrimination: Direct discrimination, indirect discrimination, harassment, and victimisation.

You can find more information on race discrimination on the Equality and Human Rights Commission website.

Religion or belief

Religion or belief is protected by the Equality Act 2010. In the Act, religion means any religion or not belonging to a religion. Belief means any religious or philosophical belief, which includes a lack of belief. It is against the law to discriminate against someone because of:

  • Their religion or belief.
  • Their perceived religion or belief.
  • Their association with a person or group who belong to a particular religion or belief.

In the Equality Act religion or belief can mean any religion, as long as it has a clear structure and belief system. The Equality Act also covers non-belief or a lack of religion or belief.

The Equality Act says that a philosophical belief must be genuinely held and more than an opinion. It must be cogent, serious and apply to an important aspect of human life or behaviour. The Equality Act also says that a belief must also be worthy of respect in a democratic society and not affect other people's fundamental rights.

There are four main types of religion discrimination: Direct discrimination, indirect discrimination, harassment, and victimisation.

You can find more information on religion discrimination on the Equality and Human Rights Commission website.

Sex

Sex refers to the biological difference between a male and a female. In the Equality Act 2010, sex means either a male or female or a group of people like men and women.

The Equality Act 2010 states that you must not be discriminated against because:

  • You are, or are not, a particular sex.
  • Someone perceives you to be the opposite sex.
  • You are associated with someone of a particular sex.

In the Equality Act, sex can mean either male or female, or a group of people like men or boys, or women or girls.

There are four main types of sex discrimination: Direct discrimination, indirect discrimination, harassment, and victimisation.

You can find more information on sex discrimination on the Equality and Human Rights Commission website.

Sexual orientation

The Equality Act 2010 states that you must not be discriminated against based on:

  • Your sexual orientation
  • Your perceived sexual orientation
  • Or, because you are associated with someone who has a particular sexual orientation.

Sexuality is a protected characteristic by law because people experience discrimination and disadvantage in work, when accessing services or in their community because of their sexual orientation.

There are 4 main types of sexual orientation:

  1. direct discrimination
  2. indirect discrimination
  3. harassment
  4. victimisation

You can find more information on sexual orientation on the Equality and Human Rights Commission website.


Equality and Poverty Impact Assessments

Children's Services

Additional Support Needs Review
Early Learning - Staffing realignments and review of asset
Primary School Savings
Re-provisioning of the School Estate
Review of Children and Families Social Work Staff
Review of Fees and Charges
Secondary School Savings

Corporate & Housing Services

Absence service review
Citizen's Advice Bureaux funding
Haugh Gardens Development
Remove second home council tax discount
Review of Housing Allocation Policy
Stop Publishing Falkirk Council News
To balance the Council's budget
Town Twinning
UK Government Global Participation Scheme

Development Services

Changing Waste Recycling Opening Hours
Crematorium Fees and Burial Charges
Re-focussing and Reduction of Services - ETU
Removal of Bus Subsidies
Removal of Community Safety Service
Removal of Grounds Maintenance Nursery Provision
Removal of Pest Control Service
Review of transport provided to people with disabilities
Revised Permit Arrangements for Vans
Revised Special Uplift arrangements
Smart Working Smart Travel
Transformation of Planning and Economic Development

Workforce profile

Appendix - Workforce Profile