Inclusion in Education: What The UK Equality Act 2010 Says

Published

24 November 2025

Contents

Key Takeaways

Schools must prevent discrimination, harassment, and victimisation of pupils and staff, actively promote equality of opportunity, and make reasonable adjustments for pupils with disabilities.
There are nine protected characteristics which are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Schools must consider these in all policies, teaching, and school activities.
Schools should anticipate and remove barriers for pupils with disabilities, such as adapting learning materials, providing extra time in assessments, using assistive technology, adjusting seating, or offering quiet spaces.
Inclusive classrooms involve using accessible language, diverse resources, flexible teaching strategies, and encouraging participation from all pupils while addressing discriminatory behaviour promptly.

What Is the Equality Act 2010?

The Equality Act 2010 (opens in a new tab) is the key law that protects people from unfair treatment and promotes a more equal society. In education, it sets out clear rules to prevent discrimination, harassment, and victimisation of pupils based on certain characteristics.

The Act brings together several earlier anti-discrimination laws into a single framework, making it easier for schools to understand their legal responsibilities. It applies to all schools in the UK, including maintained schools, academies, and independent schools, ensuring that every pupil is treated fairly and has the opportunity to succeed, regardless of their background or personal circumstances.

Protected Characteristics in Education

The Equality Act 2010 (opens in a new tab) sets out nine ‘protected characteristics’ that must be legally safeguarded against discrimination in schools. By understanding these characteristics, teachers can create classrooms that are fair, inclusive, and supportive of every pupil’s needs.

Each characteristic has practical implications for school life, from lesson planning and classroom interactions to policies on uniform, facilities, and curriculum content. The protected characteristics are:

Age – While pupils are usually children, age can affect access to certain activities or responsibilities, such as older students in sixth form taking on leadership roles.
Disability – Schools must make reasonable adjustments so pupils with physical, sensory, or learning disabilities can access lessons, resources, and school facilities, such as providing ramps, assistive technology, or extra time in exams.
Gender reassignment – Pupils who are transitioning should be supported in day-to-day school life, including flexible uniform choices, access to appropriate toilets or changing facilities, and respecting their chosen name and pronouns.
Marriage and civil partnership – Schools should avoid discrimination in recruitment, promotion, or workplace policies. Pupils should also learn about marriage and partnerships in a respectful, inclusive way.
Pregnancy and maternity – Schools should support pregnant pupils with adjustments to lessons, timetables, and attendance policies, and provide a safe environment for those returning from maternity leave.
Race – Teachers should ensure the curriculum reflects diverse cultures, histories, and contributions, and take steps to prevent racial bias, stereotyping, or bullying. Classroom discussions and resources should be inclusive of all ethnic backgrounds.
Religion or belief – Pupils must be able to practice their religion or beliefs, including accommodation for religious clothing, dietary needs, prayer times, and observance of religious holidays.
Sex – Schools should ensure fairness in classroom participation, subject choice, sports, and leadership opportunities, and address any gender-based stereotyping or barriers.
Sexual orientation – Pupils should feel safe and supported regardless of sexual orientation, with anti-bullying policies, inclusive language, and resources that reflect diverse family and relationship types.

By recognising these characteristics, schools can proactively plan inclusive lessons, promote diversity, and ensure that policies and classroom practices do not disadvantage any group.

What the Act Requires Schools and Teachers to Do

The Equality Act 2010 (opens in a new tab) sets out clear expectations for how schools must promote fairness and inclusion in every aspect of education. These duties apply to all staff and cover teaching, behaviour management, curriculum design, and the wider school environment. Understanding what the Act requires helps teachers make confident, legally informed decisions that support every pupil to succeed.

Prevent direct and indirect discrimination

Schools have a legal duty to prevent both direct and indirect discrimination. This means pupils must not be treated less favourably because of a protected characteristic, and school policies or practices should not unintentionally disadvantage any group.

According to the Equality and Human Rights Commission (EHRC) (opens in a new tab) guidance, schools must “have due regard to the need to eliminate discrimination, harassment and victimisation” when making decisions.

In practice, this requires schools to review classroom rules, uniform policies, seating arrangements, and behaviour procedures to ensure no pupil is unfairly excluded or disadvantaged. For example, a strict hair‑policy could indirectly discriminate against pupils of certain ethnicities if it is not carefully considered.

Promote equality of opportunity

Schools are also required to promote equality of opportunity. This means actively removing or minimising disadvantages, meeting the different needs of pupils, and encouraging participation from groups that may be underrepresented or less confident.

The EHRC (opens in a new tab) explains that schools should “take steps to meet the needs of persons who share a relevant protected characteristic” and “encourage persons who share a protected characteristic to participate in activities where participation is disproportionately low.”

In the classroom, this could involve identifying groups who may underperform or feel excluded, such as girls in STEM subjects, and putting in place supportive measures like mentoring, inclusive teaching strategies, or targeted encouragement.

Make reasonable adjustments for pupils with disabilities

Schools must make reasonable adjustments for pupils with disabilities to ensure they are not placed at a substantial disadvantage compared to their peers. The duty is anticipatory, meaning schools should plan ahead rather than reacting to individual cases, according to the Department for Education (DfE) (opens in a new tab).

Practical examples include providing assistive technology, extra time in assessments, or adapting classroom resources, as well as planning for accessibility during trips or events. This ensures all pupils can participate fully in learning and school life, and that barriers are removed before they prevent engagement.

Use accessible language

Using accessible language means ensuring that all pupils can access learning materials, resources, and classroom communication, regardless of any disability, background, or learning need.

According to the DfE (opens in a new tab), accessibility includes both how information is presented and how lessons are delivered so that all pupils can take part on equal terms. In practice, this means teachers should use clear, inclusive language, provide materials in alternative formats where required, and check that classroom instructions are understandable for pupils with special educational needs or English as an additional language.

By designing communication and resources with accessibility in mind, schools create an environment where every pupil can participate fully and confidently in learning.

Reasonable Adjustments: What Do They Look Like?

In schools, “reasonable adjustments” are the changes and support measures that ensure pupils with disabilities are not placed at a substantial disadvantage compared to their peers. These adjustments are required under the Equality Act 2010 and are designed to remove barriers to learning and participation.

By anticipating the needs of pupils and embedding these adjustments into everyday classroom practice, teachers can create an inclusive environment where every pupil has the opportunity to succeed.

Adapting learning materials

This can involve providing worksheets, reading materials, or instructions in large print, simplified language, or alternative formats such as audio or digital versions. These adjustments help pupils with visual impairments, dyslexia, or processing difficulties access the same content as their peers without barriers.

Offering extra time

Pupils who process information more slowly or have difficulties with writing or reading may benefit from additional time during tests, classroom tasks, or homework. Providing this extra time allows them to demonstrate their knowledge fairly without being disadvantaged by time constraints.

Using assistive technology

Technology such as speech-to-text software, screen readers, or audio books can support pupils with a range of needs, including dyslexia, visual impairments, or physical disabilities. This ensures pupils can engage with lessons, complete assignments, and participate in assessments effectively.

Adjusting classroom seating

Thoughtful seating arrangements can help pupils with mobility issues, sensory sensitivities, or attention difficulties. For example, a pupil with limited mobility may be seated near an accessible exit, while a pupil with sensory sensitivities might sit away from high-traffic areas to reduce distractions.

Allowing rest breaks

Pupils with chronic conditions, fatigue-related disabilities, or concentration difficulties may need periodic breaks to manage their health and maintain focus. Structured rest breaks during lessons, between activities or in exams can help them stay engaged and reduce stress.

Providing quiet spaces

Some pupils may struggle to concentrate in a busy classroom or become overwhelmed by sensory input. Quiet or low-stimulation areas give these pupils a place to regroup, complete work, or manage anxiety, helping them stay included in learning activities.

Modifying practical activities

Hands-on lessons in PE, science, or art may need adjustments so all pupils can participate safely. For instance, lab experiments could be adapted for pupils with limited mobility, or PE activities could be modified to ensure pupils with physical disabilities can join fully.

Inclusion and SEND: How the Equality Act Supports SEN Pupils

The Equality Act 2010 works in tandem with the Children and Families Act 2014 (opens in a new tab) and the Special Educational Needs and Disability (SEND) Code of Practice: 0-25 years (opens in a new tab) to ensure that pupils with special educational needs (SEN) are not unfairly held back.

According to the Code of Practice, “many children and young people who have SEN may have a disability under the Equality Act 2010. There is a significant overlap between disabled children and young people and those with SEN.”

This means failing to identify or meet a pupil’s SEN could amount to unlawful discrimination under the Equality Act, because the school is effectively denying access or opportunity to participate on equal terms. Teachers and school leaders must therefore plan both special educational provision (as required by the SEND framework) and the anticipatory reasonable adjustments required by the Equality Act so that every pupil can fully access the curriculum, the facilities, and the life of the school.

Everyday Inclusion: What Teachers Can Do

Creating an inclusive classroom is about more than following the law. It’s about actively shaping an environment where every pupil feels respected, valued, and able to participate fully.

The DfE (opens in a new tab) offers a range of practical steps that teachers can take to embed inclusion into their daily teaching practice:

Use inclusive language – Avoid assumptions about gender, family background, or ability. Use pupils’ preferred names and pronouns and model respectful communication. This helps all pupils feel recognised and safe.
Provide diverse curriculum resources – Ensure textbooks, reading materials, images, and examples reflect a wide range of cultures, abilities, and perspectives. This can include literature from different ethnic backgrounds, scientific contributions from women and minority groups, or historical accounts from multiple perspectives.
Flexible teaching strategies – Adapt lessons to meet different learning needs, for example by offering visual, auditory, and kinaesthetic learning options, scaffolding complex tasks, or allowing alternative ways to demonstrate understanding.
Respond to discriminatory behaviour – Address bullying, stereotyping, or exclusion promptly and constructively. Set clear classroom expectations for respect and encourage pupils to challenge unfair behaviour, creating a culture of accountability.
Encourage participation from all pupils – Be mindful of who volunteers or dominates discussions. Use strategies like think-pair-share, random selection, or small group work to ensure quieter or underrepresented pupils have a voice.

Legal Risks and How to Avoid Them

Even well-meaning teachers can inadvertently breach the Equality Act if inclusion is not actively considered. Awareness of common risks and proactive strategies can help schools stay compliant. For example:

Unintentional exclusion – Failing to anticipate barriers for pupils with disabilities, language needs, or cultural differences can lead to indirect discrimination. Mitigate this through lesson planning, reasonable adjustments, and accessibility checks.
Biased assessments – Tasks, tests, or marking criteria that favour certain groups can disadvantage others. Use diverse assessment methods and monitor outcomes to ensure fairness.
Insensitive language or assumptions – Casual remarks or stereotypes can alienate pupils and create a hostile environment. Use professional development and self-reflection to maintain awareness.
Failing to provide reasonable adjustments – Not making anticipatory adjustments for pupils with disabilities can constitute unlawful discrimination. Keep records of adjustments made and review them regularly.
Lack of documentation or reflective practice – Without evidence of inclusive planning and decision-making, schools may struggle to demonstrate compliance. Maintain records of lesson adaptations, training attended, and how concerns were addressed.

Frequently Asked Questions

What are reasonable adjustments under the Equality Act 2010?

Reasonable adjustments are the changes schools must make to ensure pupils with disabilities are not at a substantial disadvantage compared to their peers. This can include adapting learning materials, providing extra time for assessments, using assistive technology, changing seating arrangements, or modifying classroom activities to ensure full participation. The adjustments should be anticipatory, planned in advance, and tailored to the needs of individual pupils.

Do all protected characteristics apply to students?

Yes, all nine protected characteristics in the Equality Act 2010 can apply to pupils. This means schools must prevent discrimination based on age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, pregnancy and maternity, and consider each when planning lessons, curriculum content, and school policies.

What’s the difference between direct and indirect discrimination?

Direct discrimination occurs when a pupil is treated less favourably specifically because of a protected characteristic, for example, excluding a student from a club because of their gender.

Indirect discrimination happens when a rule, policy, or practice applies to all pupils but disproportionately disadvantages a group with a protected characteristic, such as a uniform rule that unintentionally affects certain religious or cultural hairstyles. Both are unlawful under the Equality Act.

Can teachers be held personally liable under the Equality Act?

Teachers are generally protected if they act in accordance with school policies and professional guidance. However, they could be personally liable if they deliberately discriminate against a pupil.

Schools are responsible for ensuring staff understand the Act, provide training, and implement inclusive practices to reduce risk. The Equality Act places duties primarily on the school as an employer, but professional accountability remains important.

Final Thoughts

Inclusion is not only a legal requirement under the Equality Act 2010 but also a valuable professional opportunity to ensure every pupil can thrive. Teachers have the power to make a meaningful difference through small, thoughtful adjustments, such as adapting lessons, using inclusive language, or providing targeted support.

By embedding these practices into daily teaching, staff can create a fairer, more supportive environment, helping all pupils succeed while safeguarding themselves and their school from potential discrimination.