Councils, NHS bodies, police forces, universities and government departments are large employers, and many are buying AI tools for recruitment, rostering, case allocation and performance management. On top of the rules every employer follows, public authorities in Great Britain carry an extra duty under section 149 of the Equality Act 2010, usually called the public sector equality duty.
The short answer: a public authority must, in the exercise of its functions, have due regard to the need to eliminate conduct the Act prohibits, advance equality of opportunity and foster good relations between people who share a relevant protected characteristic and people who do not (Equality Act 2010, s149(1)). Choosing and using an AI tool for staff decisions can be part of exercising those functions, so the duty is worth building into the decision from the start.
What section 149 says
- The three aims: due regard to the need to (a) eliminate discrimination, harassment, victimisation and any other conduct prohibited by or under the Act, (b) advance equality of opportunity, and (c) foster good relations (s149(1)).
- Advancing equality of opportunity involves having due regard in particular to the need to remove or minimise disadvantages connected to a protected characteristic, take steps to meet different needs, and encourage participation where it is disproportionately low (s149(3)). For disabled people, this includes steps to take account of their disabilities (s149(4)).
- Fostering good relations involves having due regard in particular to the need to tackle prejudice and promote understanding (s149(5)).
- The characteristics covered are age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation (s149(7)). Marriage and civil partnership is not on this list, although it is still protected under the employment rules.
- More favourable treatment: complying may involve treating some people more favourably than others, but that does not permit conduct the Act otherwise prohibits (s149(6)). See positive action and AI.
Who the duty applies to
- Public authorities: those listed in Schedule 19, which has separate parts for authorities generally, relevant Welsh authorities and relevant Scottish authorities (s150(1)-(2)). Some are listed only for certain functions, and then the duty applies only to those functions (s150(3)-(4)).
- Others exercising public functions: a person who is not a public authority but exercises public functions must have due regard to the same matters in exercising those functions (s149(2)). A public function is one of a public nature for the purposes of the Human Rights Act 1998 (s150(5)).
How it is enforced
A failure to perform the duty does not give anyone a cause of action at private law (s156). For an employee or candidate treated unfairly by a tool, the usual route is the ordinary employment rules of the Act; see AI and the Equality Act 2010.
Where AI tools come in
- Before buying: ask the vendor what testing has been done for different outcomes across protected groups, and what the tool does for people who need a different format.
- Disadvantage built into data: a model trained on past decisions can carry forward patterns that section 149(3)(a) asks authorities to have due regard to removing or minimising. See indirect discrimination and AI.
- Disabled staff and candidates: section 149(4) points to steps that take account of disabilities, alongside the separate duty to make adjustments. See reasonable adjustments and AI.
- Contractors: where an outside provider runs a tool as part of a public function, it may carry the duty itself under section 149(2).
Practical steps for public employers
- Consider equality before the decision: write down how each of the three aims was considered when a tool was chosen, configured and rolled out, and who did it.
- Keep checking: review outcomes by group after launch, not only at purchase, and record what you changed.
- Keep people able to override the tool and give staff and candidates a clear way to raise concerns.
- Put it in the contract: ask suppliers for the information you need to monitor outcomes.
For promotion and training tools in particular, see AI in promotion and training decisions.
This page covers Great Britain and is general information on the law as at 2 November 2026, not legal advice.
Questions and answers
Does the public sector equality duty apply to AI tools?
Section 149 applies to a public authority in the exercise of its functions. Choosing and using an AI tool for recruitment or managing staff can be part of that.
Can an employee sue for breach of the public sector equality duty?
Section 156 says a failure to perform the duty does not confer a cause of action at private law. Unfair treatment by a tool is dealt with under the ordinary employment rules of the Equality Act.
Which characteristics does the duty cover?
Age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation (section 149(7)). Marriage and civil partnership is not on the list.