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What is the Equality Duty?

The Equality Act 2010 brings together under one Act all of the requirements regarding equality and discrimination. The Act makes it unlawful for a school to discriminate against a pupil or prospective pupil by treating them less favourably because of their:

  • Age
  • Disability
  • Gender reassignment
  • Pregnancy and maternity
  • Race
  • Religion and belief
  • Sex
  • Sexual orientation

Public Sector Equality Duty

The Equality Act 2010 contains a general duty known as the public sector equality duty. Since April 2011, public sector organisations (including maintained schools and Academies) must comply with a key aspect of the Equality Act 2010, which requires those organisations to have due regard to the need to:

  • Eliminate unlawful discrimination, harassment and victimisation and any other conduct that is prohibited by or under the Act; by removing or minimising disadvantages suffered by people due to their protected characteristic
  • Advance equality of opportunity between different groups/people, who share a relevant protected characteristic and groups/people who do not; by taking steps to meet the needs of people from protected groups where these are different from the needs of other people
  • Foster good relations between different groups/people who share a relevant protected characteristic and persons who do not share it; by encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low
  • Having due regard involves thinking consciously about how existing and proposed policies and decisions impact on equality.

Specific Statutory Duties

The Equality Act 2010 (Specific Duties) Regulations 2011 requires organisations (including schools) to comply with two specific duties, which are intended to help them comply with the Public Sector Equality Duty. These are:

  • Publication of information: since 6 April 2012 - every school has had to publish information to show that it is complying with the duty and at least on an annual basis after that
  • Equality objectives: Schools must prepare and publish one or more objectives which further the three aims of the equality duty. Any objective must be specific and measurable.