We have a duty to create and implement strategies in the nursery to prevent and address all discriminatory behaviour.
Such strategies include:
- The nursery records all incidents relating to discrimination on any grounds
- All recorded incidents are reported to the children’s parents, and when appropriate to the registering authority. Parents have a right to know if discrimination occurs towards their child and what actions the nursery will take to tackle it.
Types of discrimination
- Direct discrimination occurs when someone is treated less favourably than another person because of a protected characteristic
- Discrimination by association occurs when there is a direct discrimination against a person because they associate with a person who has a protected characteristic
- Discrimination by perception occurs when there is a direct discrimination against a person because they are perceived to have a protected characteristic
- Indirect discrimination can occur where a provision or criterion is in place which applies to everyone in the organisation but particularly disadvantages people who share a protected characteristic
- 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
- Victimisation occurs when an employee is treated badly or put to detriment because they havemade or supported a complaint or raised grievance under the Equality Act 2010 or have been suspected of doing so.
The nine protected characteristics under the Equality Act 2010 are:
- Gender reassignment
- Religion or belief
- Sexual orientation
- Marriage and civil partnership
- Pregnancy and maternity.
Incidents may involve a small or large number of persons, they may vary in their degree of offence and may not even recognise the incident has discriminatory implications; or at the other extreme their behaviour may be quite deliberate and blatant. Examples of discriminatory behaviour are:
- Physical assault against a person or group of people
- Refusing to interact with and communicate with people
- Derogatory name calling, insults and discriminatory jokes
- Graffiti and other written insults
- Provocative behaviour such as wearing badges and insignia and the distribution of discriminatory literature Threats against a person or group of people because the nine protected characteristics listed above
- Discriminatory comments including ridicule made in the course of discussions
- Patronising words or actions.
- All staff in the nursery should be aware of and alert to any discriminatory behaviour or bullying taking place
- They must intervene firmly and quicklyto prevent any discriminatory behaviour or bullying, this may include behaviour from parents.
- Each incident should be investigated and recorded in detail as accurately as possible. This record should be available for inspection by staff, inspectors and parents where appropriate, on request
- The Nursery Manager is responsible for recording any discriminatory practice on the incident forms and any patterns of behaviour should be indicated. Perpetrator/victim’s initial may be used in the record book as information on individuals is confidential to the nursery.
Where an allegation is substantiated following an investigation, the parents of the child(ren)who are perpetrators and/or victims should be informed of the incident and of the outcome
Continued discriminatory behaviour or bullying may lead to exclusion and dismissal of the child, but such steps will only be taken when other strategies have failed to modify behaviour
Adults found to be perpetrators must be reported immediately to the manager and where such adults are employees and such allegations are substantiated after investigation, appropriate disciplinary action shall be taken which can include dismissal.