Eliminating discrimination, harassment and victimisation: guidance for schools

The general equality duty explains what schools need to think about before making significant decisions and considering new policies and procedures. Schools need to consider whether the policy or decision is likely to result in discrimination against pupils with protected characteristics.

Our technical guidance on the public sector equality duty: England includes definitions of:

• direct and indirect discrimination
• harassment, victimisation
• reasonable adjustments
• discrimination arising from disability

Schools should use the PSED when making decisions, including about school activities, to identify what pupils need. The needs of pupils should be weighed against the school's other priorities.

Another way in which schools can eliminate discrimination is by reviewing their policies and practices and making sure they comply with the Equality Act 2010.

For instance, schools may have particular policies or rules related to hair or hairstyles which could result in unlawful indirect discrimination against pupils with certain protected characteristics, for example:

• race
• religion or belief
• sex
• disability
• sexual orientation
• gender reassignment

You can find detailed information and more examples on discrimination related to hair in the following resources:

• our guidance on preventing hair discrimination in schools
• our decision-making tool to support school leaders when drafting and reviewing relevant policies
• a video explainer and case study video to raise awareness of indirect race discrimination in schools and what should be done to prevent it.

The Equality Act 2010 prohibits schools from discriminating against pupils during the exclusions process. Schools must consider the general equality duty when making decisions about discipline and exclusions. They should take care not to make assumptions that may lead to unlawful discrimination.

To eliminate discrimination, we encourage schools to analyse, monitor, review and publish their non-confidential data about how they use temporary and permanent exclusions. This is to ensure pupils with specific protected characteristics are not being affected by exclusions disproportionately.

The Equality Act also says schools must make reasonable adjustments for disabled pupils when imposing discipline or exclusions. Disabled pupils should not be put at a substantial disadvantage to their non-disabled classmates by a school’s exclusion policy or disciplinary action. For example, you might need to adapt your disciplinary sanction or use a different one.  

You can find additional information in our guidance on exclusions.