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.