We have created guidance to help you understand your role and responsibilities under the policy.

Legal Duties

As an employer, and also a provider of education, there are various legal obligations placed upon us to provide a working and learning environment that is free from Harassment, Discrimination and Bullying.

Examples of legislation include but not limited to:

• The Sex Discrimination Act 1975
• The Race Relations Act 1976, as amended by the Race Relations (Amendment) Act 2000
• The Disability Discrimination Act 1995, and the Disability Discrimination Act 2005
• The Special Educational Needs and Disabilities Act 2001
• The Employment Equality (Religion and Belief) Regulations 2003
• The Employment Equality (Sexual Orientation) Regulations 2003

These pieces of legislation give definitions of discrimination and make discrimination unlawful on the grounds of gender, marital status, gender reassignment status, racial grounds, disability, religion or belief, sexual orientation.

Whilst there is as yet no specific legal definition of bullying, it is viewed to be a form of harassment.  Case law has given legal precedents with regard to bullying.

Legislation also gives individuals rights against discrimination or unfair treatment with regard to a range of other reasons including:

• Membership or non-membership of a trade union
• Provisions relating to Maternity, Parental or Adoption responsibilities
• Family or caring responsibilities
• 'Whistle-blowing'
• Part time work
• Fixed term work
• Equal Pay
• Health and Safety

Definitions

Please note that each piece of equality legislation has different definitions of what consistutes as discrimination.  See the relevant webpages for more information:

Harassment
Harassment is unwanted conduct which may create the effect (intentionally or unintentionally) of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment which interferes with an individual's learning, working or social environment or induces stress, anxiety or sickness on the part of the harassed person.

Discrimination
Discrimination takes place when an individual or a group of people is treated less favourably than others because of factors unrelated to their merit, ability or potential.

Direct discrimination
Direct discrimination occurs when factors unrelated to merit, ability or potential of a person of group are used as an explicit reason for discriminating against  them.

Indirect discrimination
Indirect discrimination occurs when there are rules, regulations or procedures in place that have a discriminatory effect on certain groups of people

Bullying
Bullying can be defined as persistent actions, criticism or personal abuse, either in public or private, which humiliates, denigrates, undermines, intimidates or injures the recipient.

Victimisation
Victimisation is punishing or treating an individual unfairly because they have made a complaint, or are believes to have made a complaint, or to have supported  someone who has made a complaint.  It is unlawful, as is post-employment victimisation.

Please contact us , if you need any additional information or clarification.