Discrimination is never acceptable. The University is committed to treating every student fairly and to meeting its duties under the Equality Act 2010.
What is discrimination?
Discrimination means being treated unfairly because of a protected characteristic. The Equality Act 2010 protects students in education from discrimination related to:
- age
- disability
- gender reassignment
- pregnancy and maternity
- race (including colour, nationality, and ethnic or national origin)
- religion or belief (including lack of belief)
- sex
- sexual orientation
Marriage and civil partnership is also a protected characteristic, but the Act does not apply it to the provision of education. The University's approach is broader than the law, and we expect all students to be treated with fairness and respect.
The main types of discrimination are direct and indirect discrimination.
Direct discrimination
Direct discrimination means being treated less favourably than someone else because of a protected characteristic. It cannot be justified, so it is always unlawful.
To show direct discrimination, you would normally compare your treatment with how a person without your protected characteristic is, or would be, treated. This person can be real or hypothetical, as long as there is evidence they would have been treated differently. For example, a gay student excluded for fighting cannot claim direct discrimination unless a heterosexual or bisexual student would not have been excluded for the same conduct.
You do not need a comparator in some cases:
- Racial segregation, meaning deliberately separating people by race, colour, or ethnic or national origin, is always unlawful direct discrimination.
- Pregnancy and maternity discrimination requires only that you were treated unfavourably because of your pregnancy or maternity.
It is not discrimination against a male student to offer a female student special treatment in connection with pregnancy or childbirth, or against a non-disabled student to treat a disabled student more favourably. Limited exceptions also allow, for example, single-sex institutions to admit students of one sex only.
Examples
- A University rejects a male applicant to a childcare course because it considers it inappropriate for a man to work with children. This is unlawful direct sex discrimination.
- A University refuses to admit a student because they are Roma. This is unlawful direct race discrimination.
- A student with dyslexia is given extra exam time. A non-disabled student who accidentally missed a question asks for extra time and is refused. This is not unlawful discrimination.
- A student with carpal tunnel syndrome is given a scribe in lectures. Another student asks for a scribe so that they can miss a lecture to attend a wedding, and is refused. This is not unlawful discrimination.
Further examples of discriminatory behaviour include:
- making false, dehumanising, demonising or stereotypical claims about Jewish, Muslim, Christian or any other ethnic or religious people
- blaming Jewish people collectively for the real or imagined actions of an individual, a group or a government
- presenting Islam as inherently extremist
- requiring Muslim students to justify wearing religious dress on campus
- denying the fact or intent of the Holocaust
- denying a disabled student the reasonable adjustments they need to show they have met their course's learning outcomes
Clarification: criticising the Government of Israel, or holding it to the same standards as other liberal democracies, is not in itself antisemitic without additional evidence of antisemitic intent (Home Affairs Committee, 2016).
Discrimination by association and perception
You are also protected if you are treated less favourably because of your association with someone who has a protected characteristic, for example a sibling, parent, carer, or friend. It is also discrimination if someone treats you less favourably because they perceive you to have a protected characteristic, even if you do not.
Pregnancy and maternity
It is discrimination to treat a student less favourably because they are or have been pregnant, have given birth in the last 26 weeks, or are breastfeeding a baby.
Indirect discrimination
Indirect discrimination happens when the University applies a rule, requirement or way of doing things (a "provision, criterion or practice") to everyone, but it puts students who share a protected characteristic at a particular disadvantage compared with others. It does not matter whether the disadvantage was intended. What matters is the effect.
A "provision, criterion or practice" can include formal policies, informal ways of working, admissions arrangements, how teaching, services or facilities are provided, and one-off decisions. "Disadvantage" is not defined in the Equality Act, but it includes things like being denied an opportunity or choice, being deterred, or being rejected or excluded.
Indirect discrimination applies to age, disability, gender reassignment, race, religion or belief, sex and sexual orientation. It does not apply to pregnancy and maternity, although a rule that disadvantages pregnant students or new mothers may be indirect sex discrimination.
Indirect discrimination occurs where:
- the University applies a rule or practice equally to relevant students, including you, and
- it puts, or would put, students who share your protected characteristic at a particular disadvantage compared with students who do not, and
- it puts, or would put, you at that disadvantage,
- the University cannot show it is a proportionate means of achieving a legitimate aim.
Justification
A legitimate aim must be lawful, non-discriminatory and a real objective consideration. Examples include maintaining academic standards and protecting the health, safety and welfare of students. The way the University pursues that aim must also be proportionate, meaning appropriate and necessary, although it need not be the only possible way. Cost can be considered alongside other good reasons, but cannot be the sole justification. The more serious the disadvantage, the stronger the justification must be.
Example
An environmental science student with MS has hand tremors. She is prevented from carrying out a practical experiment involving volatile chemicals because she might spill them, creating a health and safety risk to herself and others. This is unlikely to be indirect discrimination, as it could be justified as a proportionate means of achieving a legitimate aim.
If you think you have been discriminated against
If you think you have been treated unfairly, you may feel unsure what to do. Everyone reacts differently. You have the right to raise your concerns, and you will not be treated unfairly for doing so. Support is available whether or not you decide to make a formal complaint.