Management Information Sheet
Equality Act 2010 - Guidance for Schools
As you will be aware from MI sheet 188/10 the Equality Act 2010 was passed in April 2010 and came into force on October 1st 2010.
What is the Equality Act 2010?
The Equality Act 2010 attempts to bring together all previous equality legislation. It is an attempt to simplify and unite the legal framework applicable to the protected characteristics.
The Act defines seven protected characteristics in relation to the provision made by schools. These are:
Disability
Gender reassignment
Pregnancy and maternity
Race
Sex
Sexual orientation
Age and being married or in a civil partnership are NOT protected characteristics for the schools provisions.
The act introduces obligations not to discriminate, victimise or harass people according to a protected characteristic.
To whom does it apply?
The obligations within this law apply to all schools in England, Wales and Scotland, irrespective of how they are funded or managed.
How do you find out further information?
The guidance for schools is available at: www.equalityhumanrights.com.
The guidance deals with the schools provisions of the Equality Act 2010 which prohibit schools from discriminating against, harassing or victimising prospective pupils, current pupils and in some cases ex-pupils.
Schools had obligations not to discriminate against people with a protected characteristic under previous equality legislation. The main new provisions in the Equality Act 2010 are:
New disability discrimination provisions
New protected characteristics
New positive action provisions
Questions procedure
When the new Public sector duties come into force in 2011 there will be a legal requirement on schools to demonstrate that they are taking action on equality in policymaking, the delivery of services and public sector employment. The requirement for schools to have a race equality policy, disability equality scheme and a gender equality scheme or a single equality scheme, is removed by this legislation. However the requirement to demonstrate how equality obligations are being met in the school, remain. In England, equality and diversity continue to be a 'limiting judgement' in Ofsted inspections.
Until this duty commences there is still a requirement for schools to have a Disability Equality Scheme, Race Equality Policy and Gender Equality Scheme (or a Single Equality Scheme) in place.
As an employer, a school is legally responsible for acts of discrimination, harassment and victimisation carried out by employees in the course of their employment or by people taking action on behalf of the school (agents.) It does not matter whether the school knew or approved of these acts. It is important for a school to take steps to make sure employees and agents understand that they must not discriminate, harass or victimise pupils, and that they understand their duties to make reasonable adjustment for disabled pupils. An employee of a school is personally responsible for their own acts of discrimination, harassment or victimisation carried out during their employment whether or not the employer is also liable.
Claims against a school will be dealt with by the county courts except in the case of disability claims which will be dealt with by First Tier Tribunal.
What is the Equality Act 2010?
The Equality Act 2010 attempts to bring together all previous equality legislation. It is an attempt to simplify and unite the legal framework applicable to the protected characteristics.
The Act defines seven protected characteristics in relation to the provision made by schools. These are:
Age and being married or in a civil partnership are NOT protected characteristics for the schools provisions.
The act introduces obligations not to discriminate, victimise or harass people according to a protected characteristic.
To whom does it apply?
The obligations within this law apply to all schools in England, Wales and Scotland, irrespective of how they are funded or managed.
How do you find out further information?
The guidance for schools is available at: www.equalityhumanrights.com.
The guidance deals with the schools provisions of the Equality Act 2010 which prohibit schools from discriminating against, harassing or victimising prospective pupils, current pupils and in some cases ex-pupils.
Schools had obligations not to discriminate against people with a protected characteristic under previous equality legislation. The main new provisions in the Equality Act 2010 are:
When the new Public sector duties come into force in 2011 there will be a legal requirement on schools to demonstrate that they are taking action on equality in policymaking, the delivery of services and public sector employment. The requirement for schools to have a race equality policy, disability equality scheme and a gender equality scheme or a single equality scheme, is removed by this legislation. However the requirement to demonstrate how equality obligations are being met in the school, remain. In England, equality and diversity continue to be a 'limiting judgement' in Ofsted inspections.
Until this duty commences there is still a requirement for schools to have a Disability Equality Scheme, Race Equality Policy and Gender Equality Scheme (or a Single Equality Scheme) in place.
As an employer, a school is legally responsible for acts of discrimination, harassment and victimisation carried out by employees in the course of their employment or by people taking action on behalf of the school (agents.) It does not matter whether the school knew or approved of these acts. It is important for a school to take steps to make sure employees and agents understand that they must not discriminate, harass or victimise pupils, and that they understand their duties to make reasonable adjustment for disabled pupils. An employee of a school is personally responsible for their own acts of discrimination, harassment or victimisation carried out during their employment whether or not the employer is also liable.
Claims against a school will be dealt with by the county courts except in the case of disability claims which will be dealt with by First Tier Tribunal.