The Equality Act 2010
The Equality Act became law in October 2010. It replaces previous equalities legislation (such as the Race Relations Act 1976 and Disability Discrimination Act 1995).
The Act covers the same groups that were protected by existing equality legislation – age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, marriage and civil partnership and pregnancy and maternity. These are now called ‘protected characteristics’ (PC’s).
The Public Sector Equality Duty
In the exercise of its functions the University must have due regard to the need to;
- Eliminate unlawful discrimination, harassment and victimization, and other conduct prohibited by the act.
- Advance equality of opportunity between people who share a protected characteristic and those who do not.
- Foster good relations between people who share a protected characteristic and those who do not.
Under this duty the University will;
- Collect and publish its equality information
- Engage with staff and students on equality issues
- Identify and publish a set of equality objectives
- Undertake Equality Impact Assessments
Types Of Discrimination Under the Act
Direct Discrimination
Direct discrimination occurs when someone is treated less favourably than another person because of a protected characteristic.
Associative discrimination
This is direct discrimination against someone because they associate with another person who possesses a protected characteristic.
Perceptive discrimination
This is direct discrimination against an individual because others think they possess a particular protected characteristic.
Indirect discrimination
Indirect discrimination can occur when you have a condition, rule, policy or even a practice in your company that applies to everyone but particularly disadvantages people who share a protected characteristic.
Discrimination arising from a disability
It is discrimination to treat a disabled person unfavourably because of something connected with their disability. This type of discrimination is unlawful where the employer or other person acting for the employer knows, or could reasonably be expected to know, that the person has a disability.
Harassment
Harassment is defined as unwanted behaviour related to a protected characteristic, or, when related to the protected characteristic of sex, is of a sexual nature, that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating of offensive environment.
Victimisation
Victimisation is defined in the Act as:
Treating someone badly because they have done a ‘protected act’ (or because the institution believes that a person has or is going to do a protected act).
A ‘protected act’ is:
- Making a claim or complaint of discrimination (under the Equality Act).
- Helping someone else to make a claim by giving evidence or information.
- Making an allegation that the further or higher education institution or someone else has breached the Act.
- Doing anything else in connection with the Act.
The University condemns all types of discrimination for any of the protected characteristics for example because of age, disability, gender reassignment*, race, religion or belief, sex, sexual orientation, marriage and civil partnership and pregnancy and maternity. This includes any form of behaviour which leads to discrimination, harassment or victimisation.
*Gender reassignment is the legal term used within the Equality Act. Bote: there is no requirement for any medical intervention for an individual to be covered under the Equality Act.
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