Dealing with Discriminatory Behaviour Policy

At Winston’s Place Day Nursery, we do not tolerate discriminatory behaviour and take prompt and effective action to address any incidents. We believe that parents have a right to know if discrimination occurs and what actions the nursery will take to tackle it where appropriate and in line with safeguarding and confidentiality requirements. We follow our legal duties in relation to discrimination and record all perceived or actual incidents relating to discrimination on any grounds and report these where relevant to children’s parents and the registering authority and other relevant agencies where required.

This policy applies to all children, staff, volunteers, parents/carers and visitors to the setting.

Definition and legal framework

Working Together to Safeguard Children (2026) states: “effective safeguarding is anti-discriminatory and antiracist. Practitioners should understand and be sensitive to factors, including economic and social circumstances, ethnicity and disability, which can impact children and families’ lives”. This policy is underpinned by the Equality Act 2010, the Early Years Foundation Stage (EYFS) statutory framework, and safeguarding guidance.

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, criterion or practice is in place which applies to everyone in the organisation but particularly disadvantages people who share a protected characteristic and that provision, criterion or practice cannot be justified as a proportionate means of achieving a legitimate aim
• 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” (Equality Act 2010)
• Victimisation occurs when an employee is treated badly or put to detriment because they have made or supported a complaint or raised grievance under the Equality Act 2010 or have been suspected of doing so.

Protected characteristics

The nine protected characteristics under the Equality Act 2010 are:
• Age
• Disability
• Gender reassignment
• Race
• Religion or belief
• Sex
• Sexual orientation
• Marriage and civil partnership
• Pregnancy and maternity

The nursery actively promotes equality of opportunity for all children, families and staff in relation to these protected characteristics.

Incidents may involve a small or large number of persons, they may vary in their degree of offence and may not be recognised by those involved as having 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
• Derogatory name calling, insults and discriminatory jokes
• Graffiti and other written insults (depending on the nature of what is written)
• Provocative behaviour such as wearing badges and insignia and the distribution of discriminatory literature
• Threats against a person or group of people pertaining to the nine protected characteristics listed above
• Discriminatory comments including ridicule made in the course of discussions
• Patronising words or actions

This list is not exhaustive and includes any behaviour, language or action that may cause offence, exclusion or harm related to a protected characteristic.

Our procedures

We promote an inclusive environment where discrimination is not tolerated and all children, families and staff feel a sense of belonging.

We achieve this by:
• Consistently promoting the British values of democracy, the rule of law, individual liberty, mutual respect and tolerance of different faiths and beliefs to all practitioners, children and families in the setting. We value diversity and celebrate differences in children and families
• Providing regular training and support to staff on equality, diversity and inclusion, including unconscious bias and how to confidently challenge discriminatory practice
• Challenging any observed instances of inequalities, discrimination and prejudice as they arise in play, conversation, books or other contexts from practitioners, children and families and follow this policy, as outlined below, to ensure that discriminatory behaviours against the protected characteristics are not tolerated within our setting
• Ensuring all children and families have a sense of belonging and they can see themselves and their family’s identity reflected in the setting
• Expecting all staff in the nursery to be aware of and alert to any discriminatory behaviour, stereotyping, bias or bullying taking place in person or via an online arena
• Expecting all staff to intervene firmly and quickly to prevent any discriminatory behaviour or bullying, including behaviour from parents and other staff members
• Expecting all staff to treat any allegation seriously and report it to the nursery manager (or designated safeguarding lead where appropriate). Investigating and recording each incident in detail as accurately as possible. Records will be stored securely in line with data protection legislation UK (GDPR) and shared only with relevant parties on a need-to-know basis. The nursery manager is responsible for ensuring that incidents are handled appropriately and sensitively and recorded appropriately. Any patterns of behaviour should be noted. Records will use anonymised identifiers where appropriate to maintain confidentiality while ensuring clarity for safeguarding purposes.
• Ensuring any online bullying or discriminatory behaviour is tackled immediately
• Informing the parents of the child(ren) who are perpetrators and/or victims of the incident and of the outcome, where an allegation is substantiated following an investigation and where it is appropriate to do so in line with safeguarding guidance and data protection requirements
• Taking appropriate action, including exclusion or dismissal, only following a fair and thorough investigation, due process and where other strategies have failed to modify behaviour. This includes any employees where a substantiated allegation following investigation leads to disciplinary procedures in line with the nursery’s Disciplinary and Grievance Policies, ACAS guidance and Safer Recruitment procedures

We record any incidents of discriminatory behaviour or bullying to ensure that:
• Strategies are developed to prevent future incidents
• Patterns of behaviour are identified
• Persistent offenders are identified
• Effectiveness of nursery policies are monitored
• A secure information base is provided to enable the nursery to respond to any discriminatory behaviour or bullying

All incidents are reviewed by senior leadership to identify learning, staff training needs and safeguarding implications.

Where incidents involve children, responses will be developmentally appropriate and supportive, recognising that young children are still learning about fairness, difference and respect. Approaches will focus on education, restorative practice and helping children understand the impact of their actions. If the behaviour shown by an individual is deemed to be radicalised, the nursery will follow its Safeguarding Children and Child Protection Policy and Prevent and Radicalisation Policy, seeking advice from relevant agencies where required in order to safeguard children and families.

Nursery staff

We expect all staff to be alert and seek to overcome any ignorant or offensive behaviour based on fear or dislike of distinctions that children, staff or parents may express in nursery.

We aim to create an atmosphere where the victims of any form of discrimination have confidence to report such behaviour, and that subsequently they feel positively supported by the staff and management of the nursery.

It is upon all members of staff to ensure that they do not express any views or comments that are discriminatory, or appear to endorse such views by failing to counter behaviour, which is prejudicial in a direct manner. We expect all staff to use a sensitive and informed approach to counter any harassment perpetrated out of ignorance.

All staff are responsible for modelling inclusive language and behaviour at all times and challenging discriminatory language immediately, regardless of the source.