Equality, Diversity and Inclusion
Under the Equality Act 2010 (the Act), individuals are protected from unlawful discrimination, harassment, or victimisation in relation to any 'protected characteristic'.
Every individual is protected by the Act. This therefore includes current employees, ex-employees, job applicants, apprentices, self-employed workers (to some extent), casual workers, permanent employees, part-time or fixed-term employees, agency workers, individuals seeking or undertaking vocational training, etc. though the application of the law can vary in practice, for example where particular exemptions have been provided for.
Under the Act, it is unlawful to directly or indirectly discriminate against, harass or victimise an individual because of a protected characteristic:
- they have;
- they are perceived to have; or
- they are associated with.
What's in this topic section
In this topic area, you’ll find Guidance and our Resources concerning Equality, Diversity and Inclusion.
In addition, you also find sub sections, with relevant Guidance and Resources, on the following:
- Equality and employment rights provides an introduction to the Act and its implications for employers.
- Public Sector Equality Duty provides detailed guidance and templates to support publicly-funded schools and colleges to meet their responsibilities in law.
- English language requirement (public sector only) considers the statutory code of practice which details the standards and practices expected of public authorities when complying with their legal duty to ensure that those in customer-facing roles can speak fluent English.
- Gender pay gap reporting provides guidance on the reporting requirement for schools and colleges (in all sectors) that employ at least 250 staff.
Please note that the resources in this topic area are specifically focussed on the responsibilities of schools and colleges in their role as an employer.
Education establishments do, of course, have additional responsibilities under equality law in respect of their role as service providers. Technical guidance on this aspect for schools and further/higher education providers is available on the Equality and Human Rights Commission website.
Learn with us!
Our team run a variety of training courses, to support you in your role and facilitate your professional development within the education sector.
Upcoming sessions this term include:
Breakfast Briefing – ‘What is a disability? Common myths & misconceptions'
This briefing is aimed at those involved with day-to-day management of staff. This could include Governors, Trustees, members of SLT, SBMs, HR team members or line managers. This briefing will provide an overview of the definition of ‘disability’ in line with the Equality Act 2010. The briefing will also confirm or deny some key myths and misconceptions surrounding disabilities, to help in managing absence and supporting staff with underlying conditions moving forward.
Breakfast Briefing – ‘Reasonable Adjustments - when to make them'
This briefing is aimed at those involved with day-to-day management of staff. This could include Governors, Trustees, members of SLT, SBMs, HR team members or line managers. The session provides an overview of when the duty to make reasonable adjustments is actually triggered, when you may choose to make adjustments and some common adjustments that could be explored with an employee on a temporary or more permanent basis. This will include flexible working, phased returns and adaptions to the workplace.
Breakfast Briefing ‘Reasonable Adjustments for SEN Provisions'
In this session we briefly cover the legal requirement to make reasonable adjustments, then focus on the difficult issue of how to balance the support for staff against the requirement to meet pupil needs, where these pupils also have additional needs.
Bespoke Training for your setting
Equality Diversity and Inclusion
This course is suitable for staff at all levels our training courses will support your organisation in nurturing a culture that understands and emphasises equality, diversity and inclusion. The session covers all areas of equality legislation, policies, processes, procedures, best practice, and a guide to developing an EDI Strategy/action plan. Training is also invaluable as part of a refresher and/or could be a recommended outcome of an HR process e.g., line management development, grievance or disciplinary. Using information provided by you on our pre-course questionnaire, we ensure the content is matched and fits with your specific needs.
For additional information and to book please click on the course title.
Please click here to view our full training offer.
In addition to the courses above we provide a wide range of group training workshops in the management of human resources as well as whole staff workshops which can be delivered at your individual school or setting at a time to suit you. The content and duration can be tailored to your particular requirements. Please contact hrtraining@judicium.com for further information
Guidance
Equality, Diversity and Inclusion (EDI) are closely linked are often considered at the same time but they are distinct concepts, although there is necessarily some overlap.
The business case for good EDI practice in the workplace is compelling. Employing and engaging with people who have a range of different backgrounds, experiences and ideas increases creativity and leads to better problems solving and decision-making. Put simply, fairer organisations perform better.
In the workplace, equality means ensuring that everyone has equal access to opportunities and fair treatment, regardless of an actual, perceived, or associated protected characteristic under the Act:
- Age
- Disability
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Race (including colour, nationality and ethnic or national origin)
- Religion or belief
- Sex
- Sexual orientation
It involves removing barriers preventing some people from accessing opportunities as easily as others. Equality at work can be identified by management style and a workplace culture that :
- Treats people with dignity, respect, and fairness
- does not tolerate bullying, harassment, discrimination, or victimisation
- Encourages and enables all individuals to achieve their potential
Diversity focuses on recognising and valuing the positive aspects of differences, both visible and invisible. While it includes the protected characteristics detailed in the Act, it goes beyond them, for example, socio-economic background, education and life experiences, personality and working style.
A workplace that values diversity:
- Recognises the unique contribution each person makes or can make.
- Promotes dignity and respect for all.
- Acknowledges that everybody should be treated in the way they would like to be treated, not simply how others might wish to be treated.
An inclusive organisation is one which values each member for their unique contribution and proactively seeks to include its people. Valuing each individual and allowing them to 'belong' without conforming to a particular style or having to conceal their differences enables each individual to perform at their full potential.
An inclusive workplace:
- Celebrates uniqueness and differences.
- Creates a space for individuals to belong without conformity.
- Has fair policies and procedures that facilitate collaborative access diverse teams.
- Fosters a sense of community, high levels of wellbeing, and motivation.
Despite equality legislation and diversity initiatives in organisations, inequality remains. This section outlines the key reasons why employers need to actively manage diversity and inclusion.
There is a clear moral case based on the principle of natural justice and the equal worth of individuals. Everyone deserves to work in an environment where they are respected, treated fairly, and supposed to contribute fully, regardless of background or characteristics.
The Act protects individuals from discrimination (whether direct or indirect), harassment, and victimisation based on actual, perceived, or associated protected characteristics and requires reasonable adjustments for disabled employees. See our Equality and employment rights section for more details.
The Act places Public Sector Equality Duty (PSED) obligations on publicly funded schools to:
- Eliminate discrimination
- Advance equality of opportunity
- Foster good relations between people from different backgrounds
Failure to meet these duties can result in legal action, enforcement by the Equality and Human Rights Commission (EHRC), reputational damage, and financial penalties. See our Public Sector Equality Duty section for more information.
Developing a strong EDI strategy can:
- Enhance the employer brand aiding recruitment
- Higher morale improving flexibility, loyalty and retention of employees
- A motivated workforce able to perform better leading to favourable outcomes
There is no statutory requirement to have a standalone policy outlining EDI practices. However, the EHRC Code of Practice and ACAS guidance both recommend it as good practice as a means of reducing the likelihood of employees acting unlawfully. Equality commitments should - in any event - feature in all relevant HR policies and therefore an equality policy is likely to be an 'overview' policy linked as appropriate to others, such as the bullying and harassment policy. A copy of our template Anti-Bullying and Harassment Policy can be downloaded in the section Anti-Bullying and Harassment (including Sexual Harassment).
Our template Equal Opportunities and Diversity Policy is available for download in the section Equality & Employment Rights.