Equality Act 2010
Advice to help schools understand how the Equality Act affects them and how to fulfil their duties under the Act. On this page:
- What actions should schools undertake by 5 April?
- Briefing on Friday 16 March
- How will the changes affect your school?
- What should schools also consider?
- What is the Equality Act 2010?
- Who are protected under the Act?
- What are the exeptions?
School actions
- Schools should review current policy/information to ensure it meets the requirements of the 2010 Act.
- Schools to publish information which shows their compliance by 5 April 2012 and thereafter annually (For all organisations the general requirements of the act are the same however, where an organisation employs 150 + employees there is a duty to publish information in the same way as for pupils)
- To prepare and publish one or more specific and measurable objectives which they will pursue over the coming years to meet the three needs by 5 April 2012 and undertaken again no more than 4 years later (i.e. before 5th April 2016)
- Providing information and links on the school website would be a helpful way of communicating this to parents and demonstrating compliance.
Briefing for headteachers and chairs of governors
Ealing Council’s policy and performance team have kindly offered to run an Equality Act 2010 briefing session for schools on Friday 16 March 2012, 2-5pm at Ealing Education Centre. To reserve a place please book via Ealing’s CPD Online - event code: SCH 12/303
How will the changes affect your school?
There are some changes that will have an impact on schools as follows:
- introduction of a new single equality duty to replace the previous three separate duties. This includes new specific duties which are less bureaucratic and more light-touch than previous duties, requiring schools to publish equality information and objectives. Initially this must be done by 5 April 2012, and then periodically updated. Chapter 5 of the guidance ** gives full details
- it is now unlawful for employers to ask health-related questions of applicants before job offer, unless the questions are specifically related to an intrinsic function of the work. This means that schools should no longer, as a matter of course, require job applicants to complete a generic health questionnaire as part of the application procedure. Schools are advised to review their existing practices to ensure they are complying with both the Health Standards Regulations and Section 60 of the Equality Act. HR have already issued guidance and new forms to address this – see section nine of the Recruitment and Selection guidance (pdf)
- it is now unlawful to discriminate against a transgender pupil
- it is now unlawful to discriminate against a pupil who is pregnant or has recently had a baby
- new Positive Action provisions will allow schools to target measures that are designed to alleviate disadvantages experienced by, or to meet the particular needs of, pupils with particular protected characteristics. Such measures will need to be a proportionate way of achieving the relevant aim – for example providing special catch-up classes for Roma children or a project to engage specifically with alienated Asian boys
- extending the reasonable adjustment duty to require schools to provide auxiliary aids and services to disabled pupils. However this duty is not due to come into effect until a later date, following consultation on implementation and approach
Also to consider
Schools may wish, in the future, to consider the impact of the Equality Act (2010) on other areas such as:
- training for staff
- induction arrangements
- impact on other policies
- inclusion in school development plan
- evidence for Ofsted inspections i.e. “(Test) the school’s response to individual needs by observing how well it helps all pupils to make progress, especially those whose needs, dispositions, aptitudes or circumstances require additional support.”
What is the Equality Act 2010?
The Equality Act 2010 consolidates the provisions of previous legislation, in a single act, and extends the 'protected characteristics'*
- the Equal Pay Act 1970
- the Sex Discrimination Act 1975
- the Race Relations Act 1976
- the Disability Discrimination Act 1995
Aim of Equality Act 2010
- eliminate discrimination, harrassment, victimisation and any other conduct that is prohibted by the Act
- advance quality of opportunity between persons who share a relevant protected characteristic and persons who do not share it
- foster good relations between persons who share a relevant protected charactristic and persons who do not share it
Who are protected
As far as schools are concerned, for the most part, the effect of the new law is the same as it has been in the past – meaning that schools cannot unlawfully discriminate against pupils because of:
- age
- gender
- ethnicity and race
- disability
- religion and belief
- sexual identiy and orientation
- marriage and civil partnership
What other rights are covered
Protection is now also extended to:
- pregnancy
- maternity (i.e. where a woman has a child under 26 weeks old or is breastfeeding)
- those undergoing gender reassignment
All of the above constitute 'protected charecteristcs'.*
Schools that are already complying with the law should not find major differences in what they need to do.
What are the exceptions?
The exceptions to the discrimination provisions for schools that existed under previous legislation – such as the content of the curriculum, collective worship and admissions to single-sex schools and schools of a religious character, are all replicated in the new act.
