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Equality Duty

Equality Duty

On 1 October 2010, the Equality Act 2010 replaced all existing equality legislation such as the Race Relations Act, Disability Discrimination Act and Sex Discrimination Act.

Key points

  • The Equality Act 2010 provides a single, consolidated source of discrimination law.
  • It simplifies the law and it extends protection from discrimination in some areas.
  • Schools cannot unlawfully discriminate against pupils because of their sex, race, disability, religion or belief or sexual orientation, gender reassignment,  pregnancy or maternity
  • The exceptions to the discrimination provisions for schools are associated with the content of the curriculum, collective worship and admissions to single sex schools and schools of a religious character.
  • The Act makes it unlawful for the responsible body of a school to discriminate against, harass or victimise a pupil or potential pupil:  in relation to admissions, in the way it provides education for pupils,  in the way it provides pupils access to any benefit, facility or service, or by excluding a pupil or subjecting them to any other detriment. 

Public Sector Equality Duty (General Duty):

Three Main Elements

  1.  Eliminate discrimination and other conduct that is prohibited by the Act,
  2.  Advance equality of opportunity between people who share a protected characteristic and people who do not share it,
  3.  Foster good relations across all characteristics - between people who share a protected characteristic and people who do not share it.
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