Understanding your rights as a gender-questioning, gender diverse, non-binary, or transgender student at university

University life marks a significant period of personal growth and academic achievement. For trans, non-binary, and gender-questioning students, it can also present unique challenges, some of which may intersect with their legal rights.

The Equality Act 2010 protects students from discrimination and provides protection on the basis of their sexuality and gender identity, amongst other protected characteristics.

At the heart of a universities’ duties toward LGBTQ+ students is a Public Sector Equality Duty (enshrined within the Equality Act 2010) which requires them, as public bodies, to:

• Put an end to unlawful behaviour, such as discrimination, harassment, and victimisation
• Advance equal opportunities between people who have protected characteristics and those who do not
• Foster good relations between people who have a protected characteristic and those who do not

The Gender Recognition Act 2004 provides full legal recognition for binary trans people. Whilst there is no formalised legal recognition of non-binary people, recent case law has recognised non-binary people by the Equality Act under the ‘gender reassignment’ protected characteristic.

The Equality Act protects against direct and indirect discrimination, harassment, and victimisation.

Direct discrimination happens when you have been treated worse than another person in a similar situation because you are trans or non-binary.

Indirect discrimination happens when your university has a specific policy or way of operating that puts trans or non-binary students at a disadvantage.

Harassment is when someone humiliates, degrades, or offends you for being trans or non-binary.

Victimisation is when you are treated poorly because you complained of being discriminated against on the basis of your gender identity. This could also occur if you are supporting someone who has made a complaint of discrimination on these grounds.

How do I protect myself from discrimination, harassment, or victimisation at university?

1. Familiarise yourself with your university’s equality, diversity, and inclusion policies. It is crucial to understand what consequences, if any, carry with particular offences, and what measures your university has in place to safeguard you.
2. Report any incidents of discrimination or harassment, including dates, times, locations, and witnesses. Keep a detailed record of the incidents and any communications. Know that you have the right to a prompt and equitable resolution.
3. Maintain connections with friends, family, and community members outside of university, and seek support when you are having a difficult time. Having a community is crucial.

Consult our specialist expert Education law solicitors

If you encounter significant challenges at university or believe your rights have been violated, please reach out to us.  Our firm specialises in education law and can provide the guidance and representation you need. You have the right to a safe, inclusive, and empowering university experience.