Equality and Diversity Policy statement
Updated July 2025
Curiositree is fully committed to the elimination of unlawful and unfair discrimination and values the differences that a diverse workforce brings to the school. The adoption of an equality and diversity policy enables us to send out a strong message of commitment, both internally and externally.
We will not discriminate because of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race (which includes colour, nationality and ethnic or national origins), religion or belief, sex or sexual orientation.
We will not discriminate because of any other irrelevant factor and will build a culture that values meritocracy, openness, fairness and transparency.
In addition, we are aware of the requirements of other legislation relating to discrimination of employees:
· Part time workers
· Fixed term workers
· Trade union membership and activities
All potential employees are responsible for the promotion and advancement of this policy. Behaviour, actions or words that transgress the policy will not be tolerated.
The policy is applicable to all members of the Curiositree community namely teachers, children, parents and the wider communities, whether permanent or temporary. The policy applies to processes relating to employment and training.
Legislative Background and Context
The Equality Act 2010 defines direct discrimination as less favourable treatment because of nine specified protected characteristics.
The protected characteristics under the Equality Act 2010 are;
(i) Age
The Act protects employees from discrimination, harassment and victimisation because of age, either ‘younger’ or ‘older’ than a relevant and comparable employee. For example, if an organisation has a training policy excluding employees aged 60 or more from applying for courses then this is likely to be discriminatory. Or advertising for a post which requires at least 10 years’ experience may be discriminatory for younger applicants.
(ii) Disability
A Disability is defined as "any physical or mental impairment which has a substantial and long-term adverse effect on that person’s ability to carry out normal day to day activities.” There is a requirement for employers to consider reasonable adjustments in order to accommodate the employee’s disability. The Act does not list the types of day-to-day activities which a disabled person must demonstrate that they cannot carry out.
(iii) Gender reassignment
The Act defines this as someone who proposes to, starts, or has completed a process to change his or her gender and is referred to as a ‘transsexual’. Previously, people reassigning their gender had to be under medical supervision to be covered, but this is no longer the case. For example, a male employee who decides to live as a woman, but has had no medical procedures, must not be harassed if using female toilet facilities. It is discriminatory to treat a transsexual employee less favourably for being absent from work if they are due to undergo, are undergoing or have undergone gender reassignment. They must not be treated differently than others who are ill or injured. Cross-dressers not regarded as transsexual as they do not intend to live permanently in the gender opposite to their sex at birth as cross-dressers, but if they are harassed because they are perceived to be transsexual or to have a particular sexual orientation, they may be in a position to claim discrimination under the relevant protected characteristics.
(iv) Marriage and civil partnership
The Act protects employees from direct discrimination, indirect discrimination and victimisation because of marriage or civil partnership, for example, an employee must not be There may be circumstances where harassment of an employee in a marriage or civil partnership amounts to discrimination because of their sex or sexual orientation, or it could be deemed to be sexual harassment. An employee in a civil partnership may also have grounds to bring a claim of sexual orientation discrimination.
(v) Pregnancy and maternity
The Act protects an employee from one type of direct discrimination and victimisation because of their pregnancy, or for taking or seeking to take maternity leave, for example, an employer must not take into account pregnancy-related illness when considering sickness absence or employment decisions. A woman who is pregnant or on maternity leave must not be treated unfavourably i.e., no need to show that she has been treated less favourably than a man, or a woman who was not pregnant.
(vi) Race - protects employees from discrimination, harassment and victimisation because of race, which may include four aspects:
(vii) Colour – tends to overlap, particularly with the concepts of ‘ethnic origin’ and ‘national origin’, e.g., black and white.
(viii) Ethnic origin – may include racial, religious and cultural factors which give a group of people a distinct social identity with a long and shared history, e.g., Sikhs, Jews, Romany Gypsies and Irish Travellers. National origin –birthplace, the geographical area and its history can be key factors, e.g., Welsh and English.
(ix) Nationality – usually the recognised state of which the employee is a citizen, i.e., what is on their passport. The Act does not cover more local or regional distinctions.
(x) Religion or belief
(xi) The Act protects employees from discrimination, harassment and victimisation because of religion or belief. Employees or job applicants are protected if they do not follow a certain religion or belief, or have no religion or belief (except potentially in faith schools).
Religion has a clear structure and belief system. Belief is any religious or philosophical belief. Denominations or sects within a religion can be considered a protected religion or religious belief.
A belief must satisfy various criteria, including that it is a weighty and substantial aspect of human life and behaviour, worthy of respect in a democratic society and does not conflict with the fundamental rights of others
(xii) Sex -the Equality Act protects both male and female employees from discrimination, harassment and victimisation because of sex (gender) Employees are protected against sexual harassment, which is unwanted conduct that is of a sexual nature and/or relates to the protected characteristics of sex and/or gender reassignment.
Examples may be either verbal or physical, and may include staring or leering, or a display of explicit material.
(xiii) Sexual Orientation - the Act protects employees from discrimination, harassment and victimisation because of their sexual orientation - bisexual, gay and lesbian.
For example, an employer must ensure that an employee perceived to be bisexual (whether they are or are not is irrelevant) is not bullied by colleagues.
NB Heterosexuals are also covered by this Act Indirect discrimination against individuals because they have a relevant protected characteristic is also covered, although pregnancy and maternity does not come under the indirect discrimination provisions in the Equality Act 2010.
In addition, the following groups also have protection against less favourable treatment:
a) Part Time Workers
Part-time workers have the right not to be treated less favourably than a full-time worker doing the same or similar work regarding the terms of employment (for example holiday entitlements and hourly pay rates should be pro rata). Part-time workers have the right to request a written statement of reasons for any treatment which is less favourable than a comparable full-time worker. Part-time workers should be selected as a full-time worker would be for promotion or redundancy.
b) Fixed term workers
Fixed term workers have the right not to be treated less favourably than a permanent staff doing the same or similar work regarding the terms of employment (for example holiday entitlements and hourly pay rates should be pro rata).
c) Trade union representatives
Where a union is recognised by the employer, trade union representatives and stewards are entitled by law to certain arrangements to assist them in doing their job as elected representatives. These include:
· Reasonable time off for undertaking trade union duties and for training.
· Facilities to help you do the job, including access to telephones, computers and email systems, use of notice boards, lockable filing facilities and in some cases use of dedicated office space.
· Access to information relevant to negotiations or change in the workplace.
Direct discrimination
This is where a person is treated less favourably than another because of a protected characteristic. An example of direct discrimination would be refusing to employ a woman because she is pregnant.
In limited circumstances, employers can directly discriminate against an individual for a reason related to any of the protected characteristics where there is an occupational requirement e.g. PE teacher of a specific gender, appointing a practicing catholic in catholic schools.
NB The occupational requirement must be crucial to the post and a proportionate means of achieving a legitimate aim.
Indirect discrimination
This is where a provision, criterion or practice is applied that is discriminatory in relation to individuals who have a relevant protected characteristic (although it does not explicitly include pregnancy and maternity, which is covered by indirect sex discrimination) such that it would be to the detriment of people who share that protected characteristic compared with people who do not, and it cannot be shown to be a proportionate means of achieving a legitimate aim.
Harassment
Is where there is unwanted conduct, related to one of the protected characteristics (other than marriage and civil partnership, and pregnancy and maternity) that has the purpose or effect of violating a person's dignity; or creating an intimidating, hostile, degrading, humiliating or offensive environment. It does not matter whether or not this effect was intended by the person responsible for the conduct.
Associative discrimination
Is where an individual is directly discriminated against or harassed for association with another individual who has a protected characteristic. For example, a candidate who has been told she is getting a job is suddenly deselected after revealing she has a severely disabled child with complicated care arrangements. The withdrawal of the job offer could amount to discrimination because of her association with a disabled person (disability being a protected characteristic). Discrimination by association does not apply to all protected characteristics. Marriage and civil partnership, and pregnancy and maternity are not covered by the legislation.
Perceptive discrimination
Is where an individual is directly discriminated against or harassed based on a perception that he/she has a particular protected characteristic when he/she does not, in fact, have that protected characteristic (other than marriage and civil partnership, and pregnancy and maternity).
Victimisation
Occurs where an employee is subjected to a detriment, such as being denied a training opportunity or a promotion because he/she made or supported a complaint or raised a grievance under the Equality Act 2010, or because he/she is suspected of doing so. However, an employee is not protected from victimisation if he/she acted maliciously or made or supported an untrue complaint. There is no longer a need for a complainant to compare his/her treatment with someone who has not made or supported a complaint under the Equality Act 2010.
For example, if a blind employee raises a grievance that the employer is not complying with its duty to make reasonable adjustments, and is then systematically excluded from all meetings, such behaviour could amount to victimisation.
Failure to make reasonable adjustments
Is where a physical feature or a provision, criterion or practice puts a disabled person at a substantial disadvantage compared with someone who does not have that protected characteristic and the employer has failed to make reasonable adjustments to enable the disabled person to overcome the disadvantage.
It is unlawful to fail to make reasonable adjustments to overcome barriers to using services caused by disability. The duty to make reasonable adjustments includes the removal, adaptation or alteration of physical features, if the physical features make it impossible or unreasonably difficult for disabled people to make use of services. In addition, service providers have an obligation to think ahead and address any barriers that may impede disabled people from accessing a service.