Harassment and Discrimination Policy

Harassment and Discrimination Policy Reviewed July 2017

Overview

Park High School is committed to eliminating discrimination and promoting equality and diversity in its own policies, practices and procedures. This applies to the school’s professional dealings with staff, parents/carers and third parties.

It is the policy of the school to treat everyone equally and with same attention, courtesy and respect regardless of their disability, gender, marital status, race, racial group, colour, ethnic or national origin, nationality, religion or belief or sexual orientation.

Regulation and legislation

In developing and implementing its anti-discrimination policy, Park High School is committed to complying with Local Authority guidelines and policy statements and with all current and any future anti-discrimination legislation and associated codes of practice.

The Sex Discrimination Act 1975 (Amendment) Regulations 2008 (SI 2008/656) which came into force on 6 April 2008 also make it clear that an employer will be liable where an employer fails to take reasonably practicable steps to prevent repeated harassment of an employee by third parties (such as parents and pupils).

The school is committed to the welfare and protection of all staff from any form of sexual harassment including that of third parties.

If a member of staff believes that they have suffered a detriment by a third party, they should immediately refer the matter to senior leadership.

The school will not be liable for:

1. not taking action in relation to third party conduct of which they have no knowledge; or

2. one-off incidents of third party harassment; or

3. conduct beyond their control.

The school’s liability for third-party harassment applies not only to sex harassment but also to sexual harassment and gender reassignment harassment.

Forms of Discrimination

The following are the kinds of discrimination, which are against the school’s policy:

1. Direct discrimination, where a person is treated less favourably on the grounds of race, racial group, colour, ethnic or national origins, sex, pregnancy, marital status, disability or sexual orientation or religion or belief.

2. Indirect discrimination, where an apparently neutral provision, criterion or practice would put a substantially higher proportion of the members of one sex, or persons having a racial or ethnic origin, or a particular religion or belief, or a particular disability or a particular sexual orientation at a particular disadvantage compared with other persons unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.

3. Victimisation, where someone is treated less favourably than others because he or she has taken action against the school under one of the relevant Acts.

4. Harassment, when unwanted conduct related to any of the grounds referred to above takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment. Harassment may involve physical acts or verbal and non-verbal communications and gestures. This will include physical, verbal and non-verbal acts. This has now been extended to cover the actions of third parties.

Employment and Training

General Statement

As an employer, the school will endeavour to treat all staff and job applicants equally and fairly and not discriminate unjustifiably against them. This will, for example, include arrangements for recruitment and selection, terms and conditions of employment, access to training opportunities, access to promotion and transfers, grievance and disciplinary processes, selection for redundancies, dress code, references, work allocation and any other employment related activities. Please refer to the Park High School Recruitment and Selection Policy for further guidance.

Promoting Equality and Diversity

Park High School is firmly committed to promoting equality and diversity in the school. All members of staff including those supplied through external agencies will be informed of this antidiscrimination policy and where appropriate, will be provided with equality and diversity training. In all its dealings, including those with agencies contractors and others, the school will seek to promote the principles of equality and diversity. The school will make every effort to reflect its commitment to equality and diversity in its marketing and communication activities.

Implementing the Policy

Responsibility

Ultimate responsibility for implementing the policy rests with the Headteacher and Governors.

All members of staff within the school are expected to pay due regard to the provisions of its anti-discrimination policy and are responsible for ensuring compliance with it when undertaking their roles. Acts of discrimination or harassment on any of the forbidden grounds by staff will result in disciplinary action. Failure to comply with this policy will be treated in a similar fashion. The policy applies to all who are employed in the school.

Complaints of discrimination

The school will treat seriously all complaints and allegations, and will take action where appropriate concerning, all complaints of discrimination or harassment on any of those grounds considered discriminatory or fall within the definitions of harassment.

All complaints will be investigated in accordance with the school’s grievance or complaints procedure and the complainant will be informed of the outcome.

Monitoring and review

To ensure that this policy is operating effectively we will regularly review the policy with regard to the activities of staff and other stakeholders to whom this policy applies. Ongoing monitoring and regular analysis of records relating to recruitment, and employee relations documentation will provide the basis for appropriate action to eliminate unlawful direct and indirect discrimination and promote equality of opportunity.