Governing bodies need to ensure that personnel practices in their school take full account of these new legal requirements, alongside their established arrangements for promoting diversity and avoiding discrimination on grounds of sex, race or disability.
Extract from Acas guidance
These Regulations apply to all employment and vocational training and include recruitment, terms and conditions, promotions, transfers, dismissals and training. They make it unlawful to:
• Discriminate directly against anyone — that is, to treat them less favourably than others because of their actual or perceived sexual orientation.
• Discriminate indirectly against anyone — that is, to apply a criterion, provision or practice which disadvantages people of a particular sexual orientation unless it can be objectively justified.
• Subject someone to harassment. Harassment is unwanted conduct that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for them having regard to all the circumstances including the perception of the victim.
• Victimise someone because they have made or intend to make a complaint or allegation, or have given or intend to give evidence in relation to a complaint of discrimination on grounds of sexual orientation.
• Discriminate against someone, in certain circumstances, after the working relationship has ended.
Within the Regulations, sexual orientation is defined as:
Orientation towards persons of the same sex (lesbians and gay men)
Orientation towards persons of the opposite sex (heterosexual).
Orientation towards persons of the same sex and the opposite sex (bisexual).
Further information
For more information see:
• Sexual Orientation and the Workplace: a guide for employers and employees, available from the Acas website
• The Employers’ Organisation website
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