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This document has been written to meet the requirements of school to carry out the Public Sector Equality Duty in accordance with the Equality Act 2010. Public Sector Equality Duty (2011).
Under the Equality Act 2010, it is unlawful to discriminate against a pupil or prospective pupil by treating them less favourably on the basis of a ‘protected characteristic’ The protected characteristics are:
A person’s age is also a protected characteristic in relation to employment, and in regard to the provision for goods and services. It does not however apply to pupils, and so the school is free to arrange pupils in classes based on their age group with materials appropriate to them. The Equality Act 2010 introduced a single Public Sector Equality Duty (2011), which applies to public bodies, school including both LA maintained and Academies. The school must have due regard to the need to:
Having due regard in this context means that when significant decisions are being taken, thought must be given to the equality implications.
A person belonging to a particular age (for example 32 year olds) or range of ages (for example 18 to 30 year olds).
More advice and guidance on age discrimination.
A person has a disability if she or he has a physical or mental impairment which has a substantial and long-term adverse effect on that person’s ability to carry out normal day-to-day activities.
More information: disability advice and guidance
The process of transitioning from one sex to another.
More advice and guidance on gender reassignment discrimination.
Marriage is a union between a man and a woman or between a same-sex couple.
Same-sex couples can also have their relationships legally recognised as ‘civil partnerships’. Civil partners must not be treated less favourably than married couples (except where permitted by the Equality Act).
More advice and guidance on marriage and civil partnership discrimination.
Pregnancy is the condition of being pregnant or expecting a baby. Maternity refers to the period after the birth and is linked to maternity leave in the employment context. In the non-work context, protection against maternity discrimination is for 26 weeks after giving birth, including treating a woman unfavourably because she is breastfeeding.
Find out more about pregnancy and maternity in the workplace.
Refers to the protected characteristic of race. It refers to a group of people defined by their race, colour, and nationality (including citizenship) ethnic or national origins.
Advice and guidance on race discrimination.
Religion refers to any religion, including a lack of religion. Belief refers to any religious or philosophical belief and includes a lack of belief. Generally, a belief should affect your life choices or the way you live for it to be included in the definition.
A man or a woman.
Whether a person’s sexual attraction is towards their own sex, the opposite sex or both sexes.
Guidance on sexual orientation discrimination.