Contract Conditions and The Equality Act 2010
As a current supplier to a Public Body you should be aware of your obligations under the Equality Act 2010 and the specific equality contract conditions of each Council or Public Body.
Equality Act 2010
Suppliers - Equality Act 2010
A Supplier Guide to Equality is available to download from - http://www.c2e.co.uk/downloads/Suppliers Guide 1_6 DK Print C2E Jan 2012.pdf
Equality Act 2010 (EHRC)
Detailed information is available from Equality and Human Rights Commission (EHRC)
- http://www.equalityhumanrights.com/advice-and-guidance/guidance-for-employers/
- http://www.equalityhumanrights.com/advice-and-guidance/service-providers-guidance/
In its written guidance to public authorities EHRC have suggested "that the PQQ is a good opportunity to find out about a potential supplier's track record on equality, both in terms of their technical competence or to determine any grounds of exclusion as permitted by relevant procurement law. Many standard PQQs and several accreditation systems ask about:
- equality performance
- equal employment opportunities
- supporting evidence of compliance with the Equality Act, such as copies of policies and procedures
Where equality is relevant, it is appropriate to ask for evidence of compliance with the Act (or equivalent legislation in other European countries), or evidence of liability in discrimination claims."
At no additional cost, Equality Register members can record and certify their equality policies and receive an appropriate certificate that confirms their equality profile.
Local Authority Terms and Conditions
Most councils have Terms and Conditions that require suppliers to Comply with the Law and meet their legal obligations with respect to Equality and Discrimination. These may include the obligations under the Equality Act 2010 plus addition requirements of the council.
Know your obligations
Search online for <"Council Name" - Terms and Conditions for the supply of Goods and Services"> and follow the links.
Here are a couple of examples
Leeds City Council have a full set of Terms and Conditions which contain the following Clause 30
30. Discrimination
30.1. The Contractor shall not unlawfully discriminate either directly or indirectly on such grounds as race, colour, ethnic or national origin, disability, sex or sexual orientation, religion or belief, or age and without prejudice to the generality of the foregoing the Contractor shall not unlawfully discriminate within the meaning and scope of the Equality Act 2010, the Human Rights Act 1998 or any other relevant legislation, or any statutory modification or re-enactment thereof.
30.2. The Contractor shall take all reasonable steps to ensure the observance of the provisions of Clause 30.1 by all Staff, servants, agents and consultants of the Contractor and all Sub-Contractors.
30.3. The Contractor and any Sub-Contractor shall adopt a policy to comply with its statutory obligations under the Equalities Act 2010 and, accordingly, will not discriminate directly or indirectly against any person in relation to decisions to recruit, train, promote, discipline or dismiss Staff.
By accepting an order Contractors are required to agree to the obligations in Clause 30 as part of the General Conditions of Contract
Full details http://www.leeds.gov.uk/Business/Pages/Procurement-Policy-and-Regulation.aspx
Newcastle City Council also have a full set of Terms and Conditions which contain the following Clause 11 and a commitment to equality as part of its procurement policy.
11 Compliance with Law
11.1 The Seller shall comply with all applicable statutory requirements concerning the supply of Goods and the performance of the Services. The Seller shall ensure that it shall comply with all equal opportunities legislation in force from time to time and shall ensure that its equality policies comply with the policies of the Buyer. The Seller shall ensure that it complies with the Buyer's whistleblowing policy which is available on the Buyer's website at www.newcastle.gov.uk or upon request from the Buyer.
Full details http://www.newcastle.gov.uk/business/tenders-contracts-and-procurement/how-to-do-business-with-the-council#Terms
Working with other organisations
Newcastle City Council will make sure that organisations providing services on its behalf follow its approach to equality. They will:
- Include a commitment to equality in their tender specification.
- Include specific equality clauses in contracts; and
- Monitor contractors' performance where relevant.
Join The Equality Register Click Link here.