Data Protection Policy
The new General Data Protection Regulations (GDPR) and the Data Protection Act 2018 (DPA) came into force on 25 May 2018.
GDPR is EU law which regulates the processing of personal data, and protects the rights and privacy of all living individuals, including children, and ensures individuals can exercise the right to gain access to their personal data by means of a Subject Access Request.
DPA is UK law and covers data processing for the prevention, investigation, detection or prosecution of criminal offences, or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security.
For the purposes of this policy the focus is on how SCVT will meet the requirements of GDPR.
Skegness College of Vocational Training (SCVT) is committed to a policy of protecting the rights and privacy of its students, staff and others, in accordance with the GDPR. Data is collected for the purposes of:
- Recruitment and payment of staff
- Administration of the Study Programme and other courses
- Student enrolment
- Examinations and external accreditation
- Recording student attendance, conduct and progress
- Collecting private fees
- Complying with legal obligations to funding bodies, government departments and local authorities
We will endeavour to ensure that all data is collected and used fairly, stored safely and securely, and not disclosed to any third party unlawfully.
This policy applies to all staff and students. Any breach of the terms of the policy, or of the GDPR, will be considered an offence under the Skegness College Disciplinary Procedures.
Other agencies and providers working with SCVT, who have access to personal information, will be expected to read and comply with this policy. Any contracts entered into with SCVT will be subject to a clause expecting compliance with GDPR.
RESPONSIBILITIES UNDER GDPR
SCVT will be the “data controller” under the terms of GDPR, which means it is wholly responsible for controlling the use and processing of personal data.
The QA, H&S & Finance Co-ordinator of SCVT holds the position of “Data Protection Officer” and is available to address any concerns about the data held and is responsible for ensuring that the ICO registration is kept accurate and up to date.
The Team Leaders at the Algitha, Lumley and Boston Centres are responsible for all day to day data protection matters in their Centre. The Hair & Beauty Manager is responsible for all day to day protection matters in the Wilford Grove Centre.
The Senior Management Team are responsible for ensuring that all members of staff abide by this policy, and for developing and encouraging good information handling within SCVT.
It is the responsibility of individuals who provide their personal data to ensure that the information is accurate and up to date.
PRINCIPLES OF DATA PROTECTION
The GDPR places a responsibility on all data controllers to process personal data in accordance with the eight principles. SCVT will adhere to the eight principles, which are:
- Process personal data fairly and lawfully.
SCVT will take all reasonable steps to ensure that individuals who are giving their personal data are informed of who the data controller is; the purposes for which data is used; any disclosures to third parties; the length of time which data will be held; and any other relevant information.
- Process the data for the specific and lawful purpose for which data is collected and not further process the data which is incompatible with the lawful purpose.
SCVT will ensure that it only processes personal data for the reason originally intended, unless the individual is informed of any additional processing before it takes place.
- Ensure that the data is adequate, relevant and not excessive in relation to the purpose for which it is processed.
SCVT will not seek to collect any personal data which is not strictly necessary for the purposes for which it was obtained and this must be reflected in the forms generated for data collection. If individuals give data which is not relevant, this will be destroyed.
- Keep personal data accurate and, where necessary, up to date.
SCVT will review and update all data on a regular basis. It is the responsibility of individuals providing their personal data to ensure that it is accurate and up to date, and to inform SCVT when any of their personal data changes (eg. change of address). When there are changes to an individual’s personal data it is the responsibility of SCVT to ensure it is updated in their data systems.
- Only keep personal data for as long as is necessary.
SCVT will not retain personal data for any longer than is necessary to ensure compliance with GDPR and will undertake a regular review of the information held and implement a process of deletion/destruction.
Data will be disposed of in a way that protects the rights and privacy of individuals. This means that electronic data will be deleted securely and shredding hard copies as confidential waste. A log is kept of data which is archived and then deleted/destroyed.
- Process personal data in accordance with the rights of data subjects under the legislation
The rights of individuals under GDPR include:
- the nature and purpose of the information held and disclosure to any third parties
- not processing their data in a way that causes damage or distress
- not processing their data for the purposes of direct marketing
- to be notified of the mechanics of any automated decision making process that will significantly affect them
- not to have significant decisions that will affect them taken solely by automated processes
- seek a claim for compensation if they suffer damage by any contravention of the legislation
- taken action to rectify, block, erase or destroy inaccurate data
- request that the Office of the Information Commissioner assess whether any provision of GDPR has been contravened.
SCVT will only process personal data in accordance with an individual’s rights.
- Put appropriate technical and organisational measures in place against unauthorised or unlawful processing of personal data, and against accidental loss or destruction of data.
All SCVT staff are responsible for ensuring that any personal data which they hold is kept securely and not disclosed to any unauthorised third party.
SCVT will ensure that all personal data is accessible only to those who have a valid reason for using it.
SCVT security measures include:
- all hard copy personal data is kept in a locked filing cabinet with key-controlled access
- all personal data must be held on PCs which are password protected and only authorised staff to have access to the password
- PCs must be logged out when unattended
- archived data is held securely and logged in when deposited and logged out when destroyed
- ensure that personal data is not available to view from CCTV monitoring screens
- SCVT uses a third party for destruction of confidential waste and a contract is in place to ensure that the contractor complies with GDPR
- Hard drives of redundant PCs are removed and kept securely.
It is not permitted for SCVT staff to have any individual’s personal data to be held on a memory device (eg. for the purposes of working from home).
- Ensure that no personal data is transferred to a country or territory outside the European Economic Area (EEA) unless that country or territory ensures adequate levels of protection for the rights and freedoms of data subjects in relation to the processing of personal data.
SCVT will not transfer data to any such territories without the explicit consent of the individual.
This also applies to publishing information on the internet because the transfer of data can include placing data on a website that can be accessed outside the EEA. SCVT will therefore always seek permission of the individual before placing any personal data, including photographs, on its website or on social media pages.
Personal data collected via the SCVT website is covered in the privacy statement posted on the website.
CONSENT AS A LAWFUL BASIS FOR PROCESSING
At SCVT the lawful basis for processing personal data is by consent. Although it may not always be necessary to gain consent from individuals before processing their data, it is the best way to ensure that data is collected and processed in an open and transparent manner.
Consent means that the individual has been fully informed of the intended processing and has confirmed their agreement whilst being of a sound mind and without having any undue influence or pressure exerted upon them. Consent obtained on the basis of misleading information will not be a valid basis for processing, nor can it be inferred from the non-response to a question or communication.
At SCVT consent will be acknowledged by the individual signing an interview form and an enrolment form (student) or an induction form (staff). These forms will include a copy of the SCVT Privacy Statement, which is also posted on the SCVT website, and is shown in Appendix 2 of this policy.
SCVT will ensure that any forms used to gather an individual’s data will contain a statement (fair collection statement) explaining the use of that data, how the data may be disclosed and also indicate whether or not the individual needs to consent to the processing.
Students funded by ESFA should be informed of the ESFA policy on the use of personal information as contained in Appendix 3 of this policy.
SCVT will ensure that if the individual does not give their consent for the processing, and there is no other lawful basis on which to process the data, then steps will be taken to ensure that processing of that data does not take place.
SUBJECT ACCESS RIGHTS
Individuals have the right to access any personal data held by SCVT. Any individual wishing to access their data should submit a request in writing to the General Manager.
SCVT reserves the right to charge an administration fee of £20 for providing copies of personal data.
Any Subject Access Request must be provided within one month from the date of the written request.
DISCLOSURE OF DATA
Staff and students should exercise caution when asked to disclose personal data held on another individual or third party. SCVT undertakes not to disclose personal data to any unauthorised third party, including family members, friends, government department and, in some circumstances, the police.
Legitimate disclosures may occur in the following circumstances:
- the individual has given their consent to the disclosure
- the disclosure has been notified to the Office of the Information Commissioner and is in the legitimate interests of SCVT or the individual concerned
- the disclosure is required for the performance of a contract
- the disclosure is required to protect an individual from harm as in the case of child protection, safeguarding or Prevent concerns about the individual concerned.
In no circumstances will SCVT sell or otherwise disclose personal data to a third party for profit or marketing purposes.
SCVT PUBLICATIONS, COMMUNICATIONS & DISPLAYS
SCVT publishes various items which will include some personal data such as photographs and information about staff or students in event information, marketing material, press and media releases and on its website. Students are asked to give their consent for the use of photographs and personal data when they enrol with SCVT. Any images used to publicise SCVT must be checked to ensure that consent has been given.
There are CCTV systems operating in some centres for the purposes of protecting SCVT property and staff, students and visitors. Any personal data obtained by CCTV will only be used in a manner which complies with GDPR.
PROCEDURE FOR REVIEW
SCVT will monitor and review this policy to ensure it is viable and reflects good practice within the organisation. It will be reviewed on or before 2 March 2019.
Dated: 14 August 2020
Data Collection Table – Students
|What data is being collected?||Who is collecting it?||How is it collected?|
Next of kin Name
Next of kin Address
Next of kin Phone
|IAG Enquiry Record
Name and contact details
Completed face to face with student during interview
Completed face to face with student during induction day
Student File Checklist
Completed by Admin Staff
|Why is it being collected?||How will it be used?||Who will it be shared with?|
|Enrolment onto programme or courses||Activate funding|
Registration for qualifications
Record attendance, progression and achievement and produce statistical reports
Contact with next of kin in the event of absences, behaviour, emergencies
Lincolnshire County Council
TAC/Child Protection Teams
Student upon request
Data Collection Table – Staff
|What data is being collected?||Who is collecting it?||How is it collected?|
Next of kin Name
Next of kin Address
Next of kin Phone
|Management||Staff Details Form
Next of Kin form
Completed on induction day
|Why is it being collected?||How will it be used?||Who will it be shared with?|
Identify training needs
DBS checks 3 yearly
Staff member upon request
Scvt Privacy Statement
How Do We Collect Information?
We will obtain personal information from you when you enquire about our courses, register with us via our website, by email or post or in person. Your personal information can only be given to us with your consent.
What Information Do We Collect?
The type of information collected will include names, date of birth, address, e-mail address, telephone numbers, National Insurance number, gender, ethnicity, disabilities and learning difficulties, next of kin, details of any public offences and information about prior learning and qualifications.
How Do We Use This Information?
We will use your personal information to provide you with the services, products or information you have requested and for administration purposes. We may need to share your information with our service providers, funding bodies, associated organisations and agents for these purposes.
We may want to share your information with other organisations that are supportive of our aims and objectives. When you provide your details you will be asked if you do not want this to happen. You can change your mind at any time by speaking to our admin team.
By providing us with your personal data, including sensitive personal data such as on your health, you consent to the collection and use of any information you provide in accordance with the above purposes and this privacy statement.
You also consent to our transferring your information to countries or jurisdictions which do not provide the same level of data protection as the UK, if necessary, for the above purposes. If we do make such a transfer, we will, if appropriate, put a contract in place to ensure your information is protected.
Subject Access Request
You have the right to ask for a copy of the information we hold about you (for which we may charge a small fee) and to have any inaccuracies in your information corrected. Access must be granted within one month from your formal written request.
ESFA Privacy Notice
This privacy notice is issued by the Education and Skills Funding Agency (ESFA), on behalf of the Secretary of Statement for the Department for Education (DfE). It is to inform learners how their personal information will be used by DfE, the ESFA and any successor bodies to these organisations.
For the purposes of relevant data protection legislation, the DfE is the data controller for personal data processed by the ESFA. Your personal information is used by the DfE to exercise its functions and to meet its statutory responsibilities, including under the Apprenticeships, Skills, Children and Learning Act 2009 and to create and maintain a unique learner number (ULN) and a personal learning record (PLR). Your information will be securely destroyed after it is no longer required for these purposes.
Your information may be used for education, training, employment and well-being related purposes, including for research. The DfE and the English European Social Fund (ESF) Managing Authority (or agents acting on their behalf) may contact you in order for them to carry out research and evaluation to inform the effectiveness of training.
Your information may also be shared with other third parties for the above purposes, but only where the law allows it and the sharing is in compliance with data protection legislation. You can agree to being contacted by other third parties by ticking the relevant boxes on the Individual Learning Record (ILR) when you enrol.
This is an extract from the ESFA Privacy Notice 2019 to 2020.
Further information about use of and access to your personal data, details of organisations with whom we regularly share data, information about how long we retain your data, and how to change your consent to being contacted, please visit: https://www.gov.uk/government/publications/esfa-privacy-notice
Appendix One – Bullying & Harassment
What is Bullying and Harassment
There is no statutory definition of bullying, but ACAS defines bullying as “offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient”.
In the Equality Act 2010 harassment is defined as “unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual.”
The protected characteristics are:
- Gender Reassignment
- Marriage and Civil partnership
- Pregnancy and maternity
- Religion or belief
- Sexual orientation
Harassment and/or bullying can be persistent or an isolated incident.
Harassment can take many forms and may be directed at one person or a group of people. It can be difficult to define and can by conveyed in a range of ways including:
- Physical contact, assault or gestures, intimidation, aggressive behaviour
- Verbal and emotional including unwelcome remarks, suggestions and propositions, malicious gossip, name-calling and banter based on any of the protected characteristics.
- Non-verbal including offensive literature or pictures, gestures, graffiti and computer imagery, isolation or non-cooperation, exclusion from social activities
This is the sending or posting of harmful or cruel text or images using the internet or other digital communication devices. Examples of cyber-bullying are:
- Unwelcome text messages or pictures/video clips sent via mobile phones which makes the victim feel threatened or embarrassed
- Mobile phone calls, which may be silent calls or abusive messages
- Stealing someone’s mobile phone and using it to harass others, to make them believe the victim is responsible
- Threatening or bullying emails, often sent using a pseudonym or somebody else’s name
- Posting menacing or upsetting responses to people when they are in a web-based chat room
- Posting unpleasant messages when people are conducting real-time conversations online
- Bullying via websites by using defamatory blogs, personal websites and online personal polling sites
- Comments, images etc. posted on social networking sites that make people feel threatened, intimidated and have an adverse effect on a person’s wellbeing.
The actions listed above must be viewed in terms of the distress that they can cause. Motive is not necessarily relevant, ie. saying “it’s a joke” is not a defence. It is the perceptions of the recipient that determine whether any action or statement can be viewed as bullying. Harassment is subject to a legal test in terms of whether it falls into the definition set out in the Equality Act 2010.
Signs and symptoms of bullying and harassment
Someone who is experiencing bullying and/or harassment may exhibit some or all of the following signs and symtoms:
- Becoming withdrawn and lacking in confidence
- Not wanting to go to college
- Becoming anxious or withdrawn
- Feeling ill
- Becoming aggressive and unreasonable
- Unexplained cuts and bruises
- Poor performance
- Declining attendance
We need to be able to demonstrate that all reasonable steps have been taken to prevent harassment and bullying in our centres and that an effective and sensitive response mechanism exists to address any incidents that occur. This applies to staff as well as students, both in-house and from third parties.
We will take the following steps to prevent incidences of harassment and/or bullying:
- Raising general awareness and an understanding of how to prevent bullying through the curriculum and training, and reviews and tutorials and by taking part in national campaigns such as National Anti-Bullying Week
- Informing all staff and students of this policy, and our safeguarding and Prevent policies, during their induction training which should include where to find the policies and how to report and follow procedures if harassment and/or bullying takes place
- Challenging prejudice-driven bullying through the curriculum and tutorials
- Emphasising that the anti-bullying and harassment policy applies during any activity connected with the College, such as travelling to and from college, on all college premises and on trips, visits, work experience placements or other college business
- Displaying Equality & Diversity, Prevent and British Values around the centres and encouraging students to create display material themselves
- Making it clear that we expect all staff and students to recognise that they are responsible for adhering to and supporting the policy
- Providing training and specific information for all staff to ensure they gain the knowledge, skills and awareness necessary to operate the college policies and reporting/recording procedures and to adhere to relevant legislation efficiently and effectively, and to communicate this to other staff and students
- As part of in-house student surveys, which are carried out at the end of Term 1 and Term 2, students will be asked how safe they feel in college and if they know to whom they can and should report to if they feel they are being bullied or harassed
- Students are encouraged to discuss issues surrounding bullying and harassment at the Student Council Meetings which are held each term (or as a minimum twice each academic year)
General Principles and Reporting Procedures
It is always desirable to try and resolve problems on an informal basis before moving to a more formal approach. If this is not possible then the reporting and recording procedures set out in the SCVT Safeguarding Policy should be followed.
The Safeguarding Policy sets out what to do in the event that staff or students wish to appeal against a formal decision and/or disciplinary actions.
This policy should be read in conjunction with the following:
- Employee Handbook – Staff Code of Conduct & Disciplinary Procedure
- Student Induction Pack – Student Code of Conduct & Disciplinary Procedure
- Equality & Diversity Policy
- Health, Safety and Wellbeing Policy
- Safeguarding Policy
Glossary of Relevant Legislation
Sex Discrimination Act 1975 (and Regulations 2001)
This states that you cannot treat a person of one gender less fairly than a person of another gender or because they are married.
This covers direct and indirect discrimination e.g. not employing a man to undertake work traditionally undertaken by a woman or visa versa, or requiring a person to be at least 6 foot tall for a specific job role.
The Gender Reassignment Regulations 1999 provides similar provision for transsexuals.
Race Relations Act 1976
This prohibits discrimination on racial grounds in the areas of employment, education, and the provision of goods, facilities and services and premises. Following changes made by the Race Relations (Amendment) Act 2000, there is also now a positive duty on public authorities to eliminate unlawful discrimination and promote equality of opportunity.
Disability Discrimination Act 1995
This deals with discrimination against disabled people in the areas of employment, the provision of goods, facilities and services and premises, education and public transport.
Employment Act 1989
This includes an exemption from the operation of the Sex Discrimination Act for acts done in connection with employment or vocational training to comply with certain specified statutory provisions relating to the protection of women at work.
Employment Act 2002 (Flexible working regulations)
This makes changes to maternity, paternity and adoption rights in the Employment Rights Act 1996. From April 2003, S.47 of the 2002 Act introduces a new right for employees to request flexible working. The details of that right are set out in set out in the Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002.
Employment Relations Act 1999
This includes a right to be accompanied at disciplinary or grievance hearings by a trade union official or another of the employer’s workers.
Employment Rights Act 1996
This includes the following rights:
- The right not to be unfairly dismissed. A dismissal is automatically unfair if it is for a reason related to pregnancy, childbirth, maternity leave, parental leave, or time off for dependants.
- The right to maternity leave.
- The right to paid time off for ante-natal care.
- The right to unpaid time off to care for or to arrange care for dependants where the dependant is ill, injured, assaulted, gives birth or dies; if arrangements for the care of a dependant break down; or if there is an unexpected incident involving a child at school.
- The right to be offered suitable alternative work on not substantially less favourable terms and conditions if a legislative requirement or a health and safety recommendation prohibits a woman from doing her usual job because she is pregnant, has recently given birth or is breastfeeding.
- The right to be suspended on full pay if a woman is unable to do her usual job on maternity grounds as described above and no suitable alternative work is available.
- The right to a statement of employment particulars.
- The right to an itemised pay statement.
- The right not to suffer unauthorised deductions from wages.
- The right to a minimum period of notice on termination of employment.
- The right to a redundancy payment.
- The right to a written statement of reasons for dismissal.
Employment Tribunals (Interest on Awards in Discrimination Cases) Regulations 1996
These provide for tribunals to award interest on backpay in Equal Pay Act cases and compensation awards made under the Sex Discrimination Act 1975, the Race Relations Act 1976 and the Disability Discrimination Act 1995.
The Employment Equality (Religion or Belief) Regulations 2003
From 1 December 2003, these regulations prohibit discrimination on the grounds of religion or belief in the employment field. The regulations were amended before they came into force by the Employment Equality (Religion or Belief) (Amendment) Regulations 2003, which extended the scope of the regulations to cover discrimination in occupational pension schemes.
The Employment Equality (Sexual Orientation) Regulations 2003
From 1 December 2003, these regulations prohibit discrimination on the grounds of sexual orientation in the employment field. The regulations were amended before they came into force by the Employment Equality (Sexual Orientation) (Amendment) Regulations 2003, which extended the scope of the regulations to cover discrimination in occupational pension schemes.
Equal Pay (Complaints to Employment Tribunals) (Armed Forces) Regulations 1997
These allow individuals serving in the armed forces to bring equal pay claims in the employment tribunal provided a complaint has been made about the same matter under the service redress procedures which has not been withdrawn.
Health and Safety at Work etc Act 1974
This places a duty on employers to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees. There are criminal sanctions for failure to comply with this duty and enforcement is by the Health and Safety Executive and local authorities.
Human Rights Act 1998
This incorporates rights under the European Convention of Human Rights into domestic law. Individuals can bring claims under the HRA against public authorities for breaches of Convention rights. UK courts and tribunals are required to interpret domestic law, as far as possible, in accordance with Convention rights. Previous case law may be overturned if there is a breach of Convention rights and the relevant law can be re-interpreted in a way which is compatible with Convention rights. Convention rights include a right not to be discriminated against on non-exhaustive grounds, which include that of sex, where another Convention right is engaged.
Management of Health and Safety at Work (amended) Regulations 2003
These require employers to carry out risk assessments. There are specific obligations on employers to assess risk where there are women of childbearing age at work. Employers may have to alter working conditions or hours of work, offer suitable alternative work or suspend an expectant or new mother on full pay if necessary to avoid risk to her or her baby.
Maternity and Parental Leave etc (Amendment) Regulations 2006
These contain the detail of the rights to maternity and parental leave contained in the Employment Rights Act 1996 (ERA). They also prescribe the circumstances in which a dismissal will be automatically unfair for the purposes of the ERA if the dismissal is for a reason related to pregnancy, childbirth, maternity leave, parental leave, or time off for dependants.
Work and Families Act 2006
The Work and Families Act applies to parents whose babies are born on or after 1st April 2007. It introduces changes under the Maternity and Parental Leave (Amendment) Regulations 2006 (see above). It is an act under which the government is given the power to make various changes to maternity and adoption pay and leave, paternity and parental leave, flexible working, working time regulations and unfair dismissal and redundancy compensation.
National Minimum Wage Act 1998
This provides that workers shall not be paid less than a designated minimum rate per hour.
Occupational Pension Schemes (Equal Treatment) Regulations 1995
These set out how claims may be made to enforce rights to equal treatment in occupational pension schemes.
Part-time Workers Regulations 2000
These give part-time workers the right not to be treated less favourably than comparable full-time workers unless the difference in treatment is objectively justifiable. They do not give a right to work part-time.
Pensions Act 1995
This requires occupational pension schemes to observe the principle of equal treatment between men and women.
Protection from Harassment Act 1997
This creates a criminal offence of harassment. It also creates a new type of civil claim, allowing individuals who are harassed to claim damages and/or seek a court order to stop the harasser from continuing the harassment.
Sex Discrimination (Complaints to Employment Tribunals) (Armed Forces) Regulations 1997
These allow individuals serving in the armed forces to bring sex discrimination claims in the employment tribunal provided a complaint has been made about the same matter under the service redress procedures which has not been withdrawn.
Sex Discrimination (Questions and Replies) Order 1975
This prescribes the forms to be used to obtain information in accordance with s.74 Sex Discrimination Act 1975. It also sets out the time limits and methods for service of these questionnaires.
Social Security Contributions and Benefits Act 1992
Statutory Maternity Pay (General) Regulations 1986
Statutory Maternity Pay (General) (Modification and Amendment) Regulations 2000
These contain the provisions relating to entitlement to Statutory Maternity Pay.
Working Time Regulations 1998
These contain provisions regulating working time including:
- A limit of average 48 hours work per week (with exceptions)
- Daily and weekly rest entitlements and rest breaks.
- A right to 4 weeks paid annual leave and to be paid for accrued but untaken leave on termination of employment.
- Special provisions relating to night work.
National Minimum Wage Regulations 1999
These contain detailed rules as to who qualifies for the National Minimum Wage and what counts as working time and renumeration for these purposes.
Employment Equality (Age) Regulations 2006
New regulations which make it unlawful to discriminate against any person on the grounds of their age.
The above list is not exhaustive and does not provide for the amendment of existing legislation or new legislation introduced after production of this policy.
Employment Equality (Religion or Belief) Regulation 2003
The directive protects against discrimination on the grounds of religion and belief in employment, vocational training, promotion and working conditions.
The Employment Equality (Sex Discrimination) Regulations 2005
Introduces new definitions of indirect discrimination and harassment, explicitly prohibits discrimination on the grounds of pregnancy or maternity leave, sets out the extent to which it is discriminatory to pay a woman less than she would otherwise have been paid due to pregnancy or maternity issues.
Employment Equality (Sexual Orientation) Regulation 2003
The directive protects against discrimination on the grounds of sexual orientation in employment, vocational training, promotion, and working conditions.
Equality Act 2006
Establishes a single Commission for Equality and Human Rights by 2007 that replaces the three existing commissions. Introduces a positive duty on public sector bodies to promote equality of opportunity between women and men and eliminate sex discrimination. Protects access discrimination on the grounds of religion or belief in terms of access to good facilities and services.
Gender Recognition Act 2004
The purpose of the Act is to provide transsexual people with legal recognition in their acquired gender. Legal recognition follows from the issue of a full gender recognition certificate by a gender recognition panel.
The Equality Act 2010
A new Equality Act came into force on 1 October 2010. The Equality Act brings together over 116 separate pieces of legislation into one single Act. Combined, they make up a new Act that provides a legal framework to protect the rights of individuals and advance equality of opportunity for all. The Act simplifies, strengthens and harmonises the current legislation to provide Britain with a new discrimination law which protects individuals from unfair treatment and promotes a fair and more equal society.
The nine main pieces of legislation that have merged are:
- the Equal Pay Act 1970
- the Sex Discrimination Act 1975
- the Race Relations Act 1976
- the Disability Discrimination Act 1995
- the Employment Equality (Religion or Belief) Regulations 2003
- the Employment Equality (Sexual Orientation) Regulations 2003
- the Employment Equality (Age) Regulations 2006
- the Equality Act 2006, Part 2
- the Equality Act (Sexual Orientation) Regulations 2007