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.   We can help with cases of racial discrimination and of religious discrimination.

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 legal administrators, Kinjal or Rachael, to arrange a meeting with one of our specialist education solicitors.

They 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.

Alternatively, telephone Kinjal or Rachael on 01895 207 961.

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, race, 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 pregnant or 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.

What do others say about IBB’s Education Law Solicitors?

Here are comments of what others have said about our Education Law legal team.

“From the outset they listened and guided me through my options. I have been struck by the consistency in their process, their professionalism and empathy. Their strengths have definitely been in their willingness to collaborate with other legal professionals in order to give you the best possible chance of success. They don’t shy away from meeting online and so I really feel understood and cared for.”

“Very personal service where nothing is too much trouble. Prompt in all responses and no stone left unturned to advise thoroughly ensuring the best decision is made. Impressive high standards in all aspects of service. I can’t rate them highly enough.”

“I believe IBB Law Education Team have shown themselves to be true to their word. They have collaborated with me in terms of what to expect at each stage of my case. Their practice is transparent and open, also they are clear and concise regarding the fees.”

“The experience was excellent. I was able to sort out my issue in less than a month with the help of the team at IBB Law. Right from the beginning of contacting the firm, I was provided all the support and communication with the team was also very smooth. I am more than happy to have contacted the firm. I would definitely recommend IBB Law to anyone that is going through a similar situation as mine.”

IBB offer unrivalled skill and expertise when it comes to education law matters. They are very well-placed to represent students in all types of public and private law claims against universities. They also do a lot of work in the schools sector, in particular when representing parents in claims against independent schools. They are knowledgeable in the main areas of law that cut across these and associated areas of the education sector. Given their level of experience in these areas, they also have a very good practical understanding of the education sector and are geared towards achieving good practical outcomes for their clients.’

“The gold standard team for higher education work. IBB is one of my main instructing solicitors and I always feel completely confident that they will do an excellent job for the client. The cases are meticulously prepared, and they are very client-focused and practical in their approach.”

“Very empathetic and attentive to each individual clients needs. I felt heard and understood for the first time by professionals. The team was easy and quick to communicate with and the whole process made me feel at ease”

“…………. was very quick and efficient. My matter was dealt and over with quite quickly with a happy outcome.’

“IBB offer an excellent education law service, with particular expertise in higher education matters.’

“Celia Whittuck is a star individual. She has gained considerable experience in education law and has excellent strategic litigation strategy, particularly for civil claims against independent schools and universities, and internal complaints and appeal processes in relation to these institutions. She puts the clients outcome at the heard (sic) of what she does, and has a track record for achieving good results.’

“Growing education law team focusing on higher education law matters.”

‘Celia Whittuck is a phenomenally dedicated solicitor and a real delight to work with.’

‘Focused and determined education team.’

‘Celia Whittuck has growing reputation in the area.’

“Celia Whittuck has an excellent breadth of knowledge and is very responsive.”

“She is amazing.”

Celia has taken a particular interest in ensuring that the appropriate educational outcomes are achieved. Her commitment has been unwavering.”

“Celia Whittuck has been helpful, understanding, respectful and responsive.”

“We can’t thank you enough for your expert assistance throughout this case and we particularly appreciated the clarity and kindness you showed in every communication. The matter could have escalated very unpleasantly except for your intervention, for which we are extremely grateful.”

“I would like to say thank you and the wider team for all the support over the last 3 years to enable me to complete my degree, as without your help the process would have been far more stressful”

“Hi Celia.  To say I am so thankful and happy with this outcome is an understatement.  The best best news.  Thank you again”

The Education Law Team at IBB is ranked by Legal 500. Legal 500 describe themselves as the leading guide to law firms and solicitors across the UK.

Celia Whittuck at IBB is ranked by Chambers and Partners. Chambers and Partners say of themselves, “Our rankings are the most thoroughly researched and independent on the market. Each one is assessed by our dedicated team of experienced researchers using our unrivalled research methodology, which includes tens of thousands of one-to-one interviews every year.

“If you are buying legal services in the UK and need reliable recommendations on the best law firms and solicitors, our rankings, editorial and analysis will provide you with the information you need to make the most well-informed decision when it matters.”

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

To find out more about how our discrimination solicitors can help, please contact Kinjal or Rachael, our education law legal administrators, on 01895 207 961, or by email at educationteam@ibblaw.co.uk.

They can arrange a fixed fee consultation and send you a link to our online booking suite, where you can choose a day and time most convenient for your meeting with the specialist education solicitor.