Equality

The Equality Act 2010 has replaced all existing equality legislation such as the Race Relations Act, Disability Discrimination Act and Sex Discrimination Act. It also provides some changes that schools need to be aware of.

The Equality Act 2010 provides a single, consolidated source of discrimination law, covering all the types of discrimination that are unlawful. It simplifies the law by removing anomalies and inconsistencies that had developed over time in the existing legislation, and it extends the protection from discrimination in certain areas.

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 their sex, race, disability, religion or belief and sexual orientation. Protection is now extended to pupils who are pregnant, have become parents or are undergoing gender reassignment.

The exceptions to the discrimination provisions for schools that existed under previous legislation – such as the content of the curriculum, collective worship and schools of a religious character, are all replicated in the new act.

However, there are some changes that will have an impact on schools:

• 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 Section 60 of the Equality Act.

• 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 gypsy/traveler 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. This duty is not due to come into effect until a later date, following consultation on implementation and approach.