applies if a parent supports a teacher’s complaint against the school under Part 5 (the employment provisions) of the Act. 5.79 If the information or evidence was and given in bad faith (that is, of the parent or sibling knew it to be false), or the allegation was false and given in bad faith, then this protection for the pupil will still apply, provided that the pupil did not act in bad faith. Example: A makes a complaint against his school, claiming that he has suffered discrimination by a member of staff because of his sexual orientation. The pupil’s younger brother, at the same school, is protected against any detrimental treatment by the school because of this complaint, even if it is later found out that the older brother was not acting in good faith. 5.80 There must be a link between what the parent(s) or the pupil has done and the school’s detrimental treatment of the pupil or sibling. 5.81 The pupil or sibling who is being treated badly does not need to have any of the protected characteristics. 5.82 The fact that a complaint or claim is not upheld does not mean that it was made in bad faith. Obligations to former pupils 5.83 Even after a person has left a school, the school must not s108 discriminate against him or her, harass or victimise him or her. This applies only if the discrimination, harassment or victimisation arises out of, and is closely connected with, his or her previous relationship with the school and would have been unlawful if he or she were still a pupil. Example: An ex-pupil asks for a reference from the school. It would be unlawful for the reference to be unflattering because of a protected characteristic of the ex-pupil, or because he or she at one time brought or supported a discrimination complaint against the school.
applies if a parent supports a teacher’s complaint against the school under Part 5 (the employment provisions) of the Act. 5.79 If the information or evidence was and given in bad faith (that is, of the parent or sibling knew it to be false), or the allegation was false and given in bad faith, then this protection for the pupil will still apply, provided that the pupil did not act in bad faith. Example: A makes a complaint against his school, claiming that he has suffered discrimination by a member of staff because of his sexual orientation. The pupil’s younger brother, at the same school, is protected against any detrimental treatment by the school because of this complaint, even if it is later found out that the older brother was not acting in good faith. 5.80 There must be a link between what the parent(s) or the pupil has done and the school’s detrimental treatment of the pupil or sibling. 5.81 The pupil or sibling who is being treated badly does not need to have any of the protected characteristics. 5.82 The fact that a complaint or claim is not upheld does not mean that it was made in bad faith. Obligations to former pupils 5.83 Even after a person has left a school, the school must not discriminate against him or her, harass or victimise him or her. This applies only if the discrimination, harassment or victimisation arises out of, and is closely connected with, his or her previous relationship with the school and would have been unlawful if he or she were still a pupil. s108 Example: An ex-pupil asks for a reference from the school. It would be unlawful for the reference to be unflattering because of a protected characteristic of the ex-pupil, or because he or she at one time brought or supported a discrimination complaint against the school.
technical_guidance_for_schools_england.docx