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Discrimination at universities and colleges in England and Wales is governed by various laws and regulations designed to promote equality and prevent unfair treatment based on certain protected characteristics. The key legislation that addresses discrimination in the educational context includes the Equality Act 2010. Here’s how discrimination works at universities and colleges in England and Wales:
Protected Characteristics: The Equality Act 2010 identifies specific characteristics that are protected from discrimination. These characteristics include age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
Types of Discrimination: The Equality Act recognizes different types of discrimination, including direct discrimination, indirect discrimination, harassment, victimization, and discrimination arising from disability. Each type of discrimination addresses different aspects of unfair treatment based on protected characteristics.
Direct Discrimination: Direct discrimination occurs when a person is treated less favorably because of a protected characteristic. For example, if a student is denied admission to a course based on their race, that could be considered direct discrimination.
Indirect Discrimination: Indirect discrimination happens when a policy, practice, or rule applies to everyone but has a disproportionately negative impact on individuals with a particular protected characteristic, and there is no legitimate reason for it. An example could be a requirement that indirectly disadvantages students of a particular religion.
Harassment: Harassment involves unwanted conduct related to a protected characteristic that creates an intimidating, hostile, degrading, humiliating, or offensive environment. This can include verbal, non-verbal, or physical conduct. Educational institutions are responsible for preventing and addressing harassment.
Victimization: Victimisation occurs when someone is treated unfairly because they have made a complaint of discrimination, supported someone else’s complaint, or raised concerns about discrimination. It is unlawful to victimize individuals for exercising their rights under the Equality Act.
Reasonable Adjustments: The Equality Act imposes a duty on educational institutions to make reasonable adjustments for students with disabilities to ensure they are not placed at a substantial disadvantage compared to non-disabled students. This includes adjustments to facilities, policies, and practices.
Public Sector Equality Duty: Public authorities, including universities, are subject to the Public Sector Equality Duty. This requires them to have due regard to the need to eliminate discrimination, advance equality of opportunity, and foster good relations between people who share protected characteristics.
Complaint Procedures: Universities and colleges are expected to have clear and accessible procedures for handling discrimination complaints. Students who believe they have experienced discrimination can typically raise the issue through the institution’s internal grievance or complaints process.
Legal Remedies: Individuals who experience discrimination at universities or colleges may seek legal remedies, including pursuing a claim in the county court, or seeking redress through alternative dispute resolution mechanisms.
It’s essential for students to be aware of their rights and the procedures in place for addressing discrimination at their specific institution. Seeking advice from lawyers can be helpful in navigating the complaints process and undertanding available remedies. It is essential, however, to engage lawyers if you are bringing a County Court claim for discrimination as these matters are inherently complex.