Introduction to The Equality Act 2010

Transcription

1 Introduction to The Equality Act 2010

2 Replaces existing legislation This has included the following key areas: 1. Race (since 1976) 2. Sex (since 1975) 3. Disability (since 1944 and replaced in 1995) 4. Gender Reassignment (since 1999) 5. Sexual Orientation (since 2003) 6. Religion or Belief (since 2003) 7. Age (since 2006)

3 Replaces legislation The focus of this legislation has been antidiscrimination outlining what we must not do Further Equality duties covering Race Gender and Disability, outlined what we must do. 1. The Duty to Promote Race Equality 2. The Duty to Promote Disability Equality 3. The Gender Equality Duty 2007 From a reactive to a proactive response Duty to promote Community Cohesion Ofsted duty to report on CoCo 2008

4 Equality Act 2010 A new cross cutting legislative framework to: Protect the rights of individuals and advance equality of opportunity for all; Update, simplify and strengthen the previous legislation; Deliver a simple, modern and accessible framework of discrimination law which protects individuals from unfair treatment and promotes a fair and more equal society. Simplifies and strengthens 9 separate pieces of legislation and 100 instruments into one.

5 The Equality Act 2010 Under the PUBLIC SECTOR EQUALITY DUTY, schools (along with all other public bodies) must have regard to the need to: eliminatediscrimination, harassment and victimisation; advanceequality of opportunity; and fostergood relations between different groups. Academies and PRUs are public authorities and will be subject to the public sector equality duty.

6 The Equality Act 2010 timing Main provisions Implemented October 2010 The new Public Sector Equality Duty is expected to come into force in England and Scotland in April 2011 The Equality Act also includes measures to protect pupils from being victimised as a result of their parent or sibling making a complaint about discrimination.

7 The Equality Act 2010 The duty relates to protected characteristics age,(but schools exempt) disability, gender reassignment pregnancy and maternity race, religion or belief, Sex Sexual orientation

8 The Equality Act 2010 Responsibilities of the school Currently the inspection related to equality and diversity is regarded as a limiting judgment that can restrict a school s overall inspection grade. The school is liable for the actions of its employees unless it can show it took reasonable steps to prevent the discrimination, harassment or victimisation taking place Includes direct discrimination and indirect discrimination Direct discrimination also includes treating someone less favourably because their sibling, parent, carer or friend has a protected characteristic Discrimination based on perception because you mistakenly think they have a protected characteristic

9 The Equality Act Act allows schools to take POSITIVE ACTION these include targeted provision, resources or bespoke provision for any disadvantaged groups Schools must take steps not just to eliminate unlawful discrimination and harassment but to ACTIVELY PROMOTE equality.

10 The Equality Act 2010 Harassment Harassment Three types of harassment that are unlawful under the Equality Act: harassment related to a relevant protected characteristic Sexual harassment Less favourable treatment of a pupil because they submit to or reject sexual harassment

11 The Equality Act 2010 Harassment Harassment occurs when you engage in unwanted behaviour that is related to a relevant protected characteristic and has the purpose of: Violating dignity Creating an intimidating, hostile, degrading, humiliating or offensive environment for the pupil

12 The Equality Act 2010 Behaviour and discipline Schools need to regularly review policies to check they are not discriminating e.g. thinking about reasons for someone s behaviour. Must not exclude a child for a protected characteristic but excluding a pupil for behaviour arising from a protected characteristic is also unlawful discrimination. Example: A school s blanket exclusion policy of three strikes and you re out is found to be indirectly discriminating against Gypsy Traveller pupils. Pupils from these communities are facing extreme levels of racially motivated bullying and are retaliating to the bullying which in turn was not being adequately investigated. The blanket exclusion policy was reviewed and incidents investigated on a case by case basis.

13 The Equality Act 2010 Schools with a religious character Exempt from requirement not to discriminate on grounds of religion or belief in relation to admissions and curriculum. However must not discriminate on any of the prohibited grounds. If you convey your beliefs in a way that involves haranguing or berating a particular pupil or group of pupils then this would be unacceptable in any circumstances and would constitute unlawful discrimination. e.g. teaching that homosexuality is wrong and that gay and lesbian people have a disease

14 The Equality Act 2010 Protected characteristics Disability a person is a disabled person if they have a physical or mental impairment which has what the law calls a substantial and long term adverse effect on their ability to carry out normal day to day activities. No need for a medical diagnosis what matters is the effect not the cause. Mental impairment includes dyslexia, autism and Down s syndrome, mental health conditions like depression and schizophrenia.

15 Implementation considerations Equality Impact Assessments Aims and action planning Measuring outcomes how? People with protected characteristics must be involved in development, monitoring and review of action plans Impacts for governors and staff Procurement

16 Implementation considerations The actions to be taken must be sufficient to demonstrate that the school has shown appropriate and due regard to equality. Indicators of progress? How and when will it be reviewed? Key challenges evidence

17