Discrimination in Higher Education

If you are facing discrimination in higher education, you are likely to be going through a difficult time and it can be daunting to know how to handle the situation.

The Access to Insights 2023 Report highlighted a number of challenges students may face at university.

Their research revealed, for example, that 26% of students reported being made to feel unwelcome by staff at university due to their disability.

Furthermore, 46% of students hold back from raising most of the access issues they encounter.

Students say they face challenges over reasonable adjustments and equal opportunities.

At IBB, we recognise these difficulties from the many students we support with cases of discrimination in higher education.

You may have concerns about the impact of making a claim on your education and future prospects. Our specialist education solicitors are here to support you and advocate for your rights throughout the process.

We will be on hand to provide specialist legal advice on your options and answer any questions you have, for your peace of mind.

We strive to resolve matters amicably where possible using alternative dispute resolution methods but where a resolution cannot be reached, we can represent you in court proceedings to achieve the best possible outcome.

Complete support for discrimination in higher education

At IBB Law, we have extensive experience supporting students and their parents with discrimination in higher education.  For example, here is a case study of a sex discrimination case we have dealt with. Here is another case study of a disability discrimination case we have handled for a PhD student.  Here are further examples of cases we can assist with across the education spectrum.

Our expert university discrimination solicitors can support clients in various ways, including with:

• Direct discrimination
• Indirect discrimination
• Discrimination arising from disability
• Harassment
• Victimisation
• Failure to make reasonable adjustments

Call today to discuss your case with our discrimination in higher education solicitors

Our higher education experts are available to provide advice in an online fixed fee initial consultation.

You can fill in the enquiry form on our contact page to ask our senior legal administrator, Rachael, to arrange a meeting with one of our specialist education solicitors.

Alternatively, you can email Rachael to arrange a meeting. She can send you a link to our online booking suite, for you to select a date and time for a fixed fee initial consultation with one of our specialist education lawyers.

How our solicitors can support you with higher education discrimination

Direct Discrimination

Direct discrimination is when a person is treated less favourably than another person because of a protected characteristic.

In higher education, this could be based on race, gender, age, disability, religion or sexual orientation.

Indirect Discrimination

Indirect discrimination at university happens when there is a policy, practice, or rule that applies to everyone but puts someone with a protected characteristic at a disadvantage.

For instance, a requirement for a course that disproportionately affects students with disabilities could be challenged under this category.

Discrimination arising from disability

Discrimination arising from disability is when a person is treated unfavourably because of something connected to their disability, such as absence from lectures due to a disability-related illness.

Harassment

Harassment is unwanted conduct related to a protected characteristic that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment.

This could involve inappropriate comments or actions related to race, gender or religion in higher education, or any other protected characteristic.

Victimisation

Victimisation occurs when a person is treated unfavourably because they have made a complaint of discrimination under the Equality Act or because they are suspected of doing so.

For example, being removed from a course after making a complaint about university discrimination.

Failure to make reasonable adjustments

Higher education institutions have a duty to make reasonable adjustments to ensure that disabled students are not placed at a substantial disadvantage compared to non-disabled students.

Failure to make such adjustments could lead to a claim under this provision. It is advisable in these circumstances to check the university discrimination policy on reasonable adjustments, if there is one.

Common questions about discrimination in higher education

What is the Equality Act and how does it apply to higher education?

The Equality Act 2010 legally protects people from discrimination in the workplace and educational institutions as well as in wider society.

The act provides a framework to protect people from direct and indirect discrimination, harassment and victimisation in a range of public sectors, including education.

The Equality Act defines the following protected characteristics:

• Age
• Gender reassignment
• Being married or in a civil partnership
• Being pregnantor on maternity leave
• Disability
• Race, including colour, nationality, ethnic or national origin
• Religion or belief
• Sex
• Sexual orientation

Individuals are protected from discrimination:

• At work
• In education
• As a consumer
• When using public services
• When buying or renting property
• As a member or guest of a private club or association

Can you sue a university for discrimination?

Before taking legal action, it is advisable to explore other options first, such as making a complaint to the university or engaging in alternative dispute resolution, such as mediation and negotiation, to resolve the matter.

If you have been unable to reach a resolution, you can take legal action against a university for discrimination if your claim meets the following criteria:

• You are reasonably sure that unlawful discrimination has taken place, according to the Equality Act 2010.
• You have checked the time limits for making a claim if you want to take legal action.

Our solicitors can advise you on the eligibility of your claim and whether it is in your best interests to initiate court proceedings.

How do you sue a university for discrimination?

If you have been unable to resolve your discrimination claim using other methods or the university is not engaging with your concerns, you can make a discrimination claim against the higher education institution. You may be entitled to financial compensation for the discrimination you have suffered at university.

You will generally need to raise your claim with the county court within six months from the date the discrimination happened.

Our solicitors can support you with this process, including submitting the relevant evidence to the court and representing you during proceedings.

Call today to discuss your case with our discrimination in higher education solicitors

If you would like to know more about how we can help you with your discrimination at university, please contact our education law senior legal administrator, Rachael, on 01895 207230 or by email.