Kemi Badenoch, the UK Technology Secretary and Conservative MP, announced Tuesday she will call for the complete repeal of the Public Sector Equality Duty.
The move signals a significant shift in how the UK government intends to manage equality obligations across public services. By targeting the Public Sector Equality Duty (PSED), Badenoch is challenging a legal framework that requires public authorities to consider how their policies affect people with protected characteristics.
Badenoch said the public sector equality duty is a minefield that exposes almost every significant public service to legal risk. She said the current system creates unnecessary legal vulnerabilities for government agencies and public services.
The Technology Secretary linked her position to the death of Henry Nowak. She said police who arrested Henry Nowak were influenced by guidance that treats hate crimes as a priority. According to Badenoch, the guidance behind the duty is flawed and contributes to civil unrest.
Badenoch said she will fight to repeal the duty in its entirety. The proposal suggests a move away from the current statutory requirements that guide police, and other public officials, in their decision-making processes.
Critics of the PSED have long argued that the duty leads to "box-ticking" exercises rather than genuine equality. However, supporters maintain that the duty is essential for preventing discrimination in public life. The call for a full repeal sets the stage for a legislative battle over the future of equality law in the United Kingdom.
“The public sector equality duty is a minefield that exposes almost every significant public service to legal risk.”
The proposal to scrap the Public Sector Equality Duty represents a fundamental pivot in UK governance, moving from a proactive legal obligation to prevent discrimination toward a model that prioritizes the reduction of legal risks for state institutions. If successful, this repeal could diminish the ability of citizens to challenge public service decisions on the grounds of equality, while potentially altering how law enforcement prioritizes hate crime investigations.
