Introduction
Staff and students are protected in all aspects of the employment, education and/or training relationship, which includes: recruitment and selection, employment terms and conditions, promotion, transfers, access to benefits, appraisal/annual review, assessment of performance, dismissal and post-termination (such as providing references).
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'The Protection of Staff and Students'
See discrimination
Discrimination can occur in several different ways, as follows:
- Direct discrimination This is where one individual is treated less favourably than another, and the less favourable treatment is because of a protected characteristic they have, or are thought to have (see perception discrimination), or because they associate with someone who has a protected characteristic.
- Indirect discrimination This is where a provision, criterion or practice applies equally to everyone but has, or would have, a disproportionate impact on those people who share a protected characteristic (e.g. it is more difficult for someone to comply with a requirement because of their religion or belief).
- Discrimination by association This is direct discrimination against an individual because they associate with another person who possesses a protected characteristic.
- Perception discrimination This is direct discrimination against an individual where the person is treated less favourably than another, and the less favourable treatment is because others think they possess a protected characteristic. It applies even if the person does not actually possess that characteristic.
- Harassment This is defined as unwanted conduct related to a relevant protected characteristic which has the purpose or effect of either violating another person's dignity, creating an intimidating, hostile, degrading, humiliating or offensive environment for that other person.
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- Victimisation This occurs where an individual is subjected to less favourable treatment by reason of the fact that s/he has done a"protected act under the discrimination legislation - e.g. someone has made a complaint about discrimination on grounds of their
Equal pay and the Equality Act 2010 The 'equality of terms' provisions in the Equality Act 2010 (the Act) entitle a woman doing equal work with a man in the same employment to equality in pay and other terms and conditions.