EQUALITY ACT 2010

The Equality Act 2010 has been drawn up to tackle inequality and prevent discrimination against people on the basis of ‘protected characteristics’.  It brings together several existing laws and aims to make understanding the law simpler.  It also introduces a new single public sector equality duty, which requires public bodies to actively advance equality.These provisions protect pupils at the school and in the case of admissions, those applying or wishing to apply for admission.  Former pupils are also protected from discrimination or harassment.

‘Protected characteristics’

The Equality Act lists a number of characteristics which must not be used as a reason to treat some people worse than others.  These are:

• age;
• disability;
• race;
• sex;
• pregnancy, maternity and breastfeeding;
• gender reassignment;
• religion or belief;
• sexual orientation.

 A person can experience direct discrimination because of a protected characteristic, even if the person does not have the characteristic himself/herself:

• Discrimination because of perception takes place where someone is treated worse than others because they have been perceived to have a characteristic. 
• Discrimination because of association takes place when a person is treated worse than another person because they associate with a person with a protected characteristic.

 Exceptions:

There are some limited exceptions to the general requirement not to treat anyone worse than someone else because of a protected characteristic. 

Exceptions that apply to all protected characteristics:

• Positive action – encouraging people with a protected characteristic from groups with different needs or a past record of disadvantage or low participation to access education e.g. if a school council is made up mainly of girls, despite there being a fairly even balance of boys and girls in the school, the school can encourage boys to stand as class reps (but the pupils still vote to decide who is elected).
• Statutory provisions – this only applies where there is no other choice but to discriminate or break another law (but does not apply to race discrimination).
• National security. 
• There are also some exceptions that relate to particular protected characteristics:
  • Disability – it is not discrimination against a non-disabled person to treat a disabled person more favourably or make reasonable adjustments for the disabled person.
  • Age – not relevant to schools.

Duties for schools:

As a school, you must not: ·         discriminate against a pupil or prospective pupil because of their disability, race, sex, gender reassignment, religion or belief, or sexual orientation; ·         harass or victimise a pupil or prospective pupil. You must not discriminate against a person in relation to the following activities: ·         admission to your school; ·         the provision of education to pupils; ·         access to any benefit, facility or service; ·         exclusion from school; ·         by subjecting a pupil to any other detriment.