Human Resources Division

The Equality Act 2010 and Students

The Equality Act 2010 replaces previous legislation relating to equality duties in Great Britain. This guidance provides information to colleagues on the updated law with respect to the University’s functions as a provider of higher education. It is not intended to be a definitive legal guide to the Act.

Separate guidance on the Equality Act 2010 in relation to the University as an employer is available on the E&D website.

The Equality Act 2010 prohibits unlawful discrimination, harassment and victimisation of:

  • Prospective students (in relation to admissions arrangements).
  • University Students (including those absent or temporarily excluded).
  • Former University students.

In addition to the teaching and learning aspects of the University's work, the Equality Act also affects other functions relating to higher education or service provision. This includes careers advice and training, counselling, the Disability Resource Centre, finance, scholarships and bursaries, health, international students’ services, language learning, religious/belief facilities (e.g. Merton Hall Farmhouse) and welfare services.

The main new provisions of the Equality Act are:

  • The introduction of the concept of Protected Characteristics as the basis of protection from unlawful discrimination, harassment and victimisation. The relevant protected characteristics in relation to higher education provision are Race, Disability, Sex, Gender Reassignment, Age, Sexual Orientation, Religion or Belief and Pregnancy and Maternity.

  • Reasonable Adjustments—the duty to make reasonable adjustments for disabled people has been amended. It now includes situations where a disabled individual experiences a ‘substantial disadvantage’ in working, studying or using a service. The previous duty applied only in situations where it was ‘impossible or unreasonably difficult for a disabled person to work, study or use a service’.

  • Protection from indirect discrimination has been extended to include the protected groups of disability and transgender.

  • The Act introduces a new protection of discrimination arising from disability.

  • Pregnancy and Maternity—The Act introduces into higher education protection from discrimination because of pregnancy and maternity. This refers to the period of pregnancy and the 26 weeks after birth. This means the University cannot refuse an applicant entry nor ask that a student leave a course because she is pregnant. In addition, a student must not be penalised if she misses an exam or essay/coursework deadline because of pregnancy or maternity.

  • Disability—the definition of disability has been extended to cover people who have had disabilities in the past where it is likely that the disability will recur. For example, the new definition could include an applicant or student who has had a mental health illness, like depression, where it is likely that it could recur.

  • The definition of Gender Reassignment has been amended to include applicants and students who have started or completed a process to change their sex even if they are not under medical supervision.

  • Protection from Associative discrimination now covers the protected groups of Age, Disability, Race, Sex, Gender Reassignment, Sexual Orientation, Religion or Belief. Colleagues need to ensure that protection for example of carers of children, disabled dependents or the elderly, is incorporated into existing practices and procedures.

  • Protection from Perceptive discrimination now applies to the protected groups of Age, Disability, Race, Sex, Gender Reassignment, Sexual Orientation, Religion or Belief.

  • Breastfeeding is now explicitly protected. A woman who is breastfeeding is now explicitly protected from unfavourable treatment within a period of 26 weeks from when she has given birth. Outside of this 26-week period, a breastfeeding woman may be protected by sex discrimination provisions.

  • Protection from Third Party Harassment has been extended to cover the protected groups of Race, Disability, Sexual Orientation, Gender Reassignment, Religion or Belief, Age and Sex. This makes the University potentially liable for the harassment of its employees by third parties, such as maintenance contractors or Students, unless reasonable steps have been taken to prevent the third party from doing so.

  • The Public Equality Duties will be extended in April 2011 to cover the protected groups of Age, Disability, Gender Reassignment, Race, Religion or Belief, Sex, Sexual Orientation, and Pregnancy and Maternity.

Curriculum Content

The Equality Act 2010 does not affect the content of the curriculum. This means that the University is not restricted in the range of issues, ideas and materials used or covered in course syllabi. The University's academic freedom to expose students to a range of thoughts and ideas, however controversial, remains unaffected even if the content of the curriculum causes offence to students with certain protected characteristics. However, it will remain unlawful to deliver a course in ways that result in harassment or subjects students to discrimination or other detriment.

Examples:

  • A History course includes Mein Kampf on the reading list. A Jewish student finds this offensive and complains that having this on the syllabus is discrimination. This would not be unlawful discrimination or harassment.
  • The same course of study looks at the topic of slavery in North America. During the teaching of the course, the lecturer repeatedly and unnecessarily uses racist terms to refer to slaves which results in a White student complaining to the Department. This would likely be unlawful harassment even though the language was not directed at the student who complained.

How to avoid discriminating

Holding regular reviews of administrative, course or departmental practices, policies and procedures will help to ensure they do not discriminate against students with a protected characteristic. Students' needs or the make-up of the University student body may vary over time and the institution needs to be sufficiently flexible in its policies to accommodate these.

This can be done by using the University's Equality Assurance Assessment (EAA) which help to ensure fairness for all. More information the EAA process is available from equality@admin.cam.ac.uk.

Training staff is an important way to stay up to date with changes in the law and the University's responsibilities. The University Equality & Diversity section run training and information events that promote awareness of the legal requirements and share good practice in relations to equalities. These events are open to all University staff and students.

Further Information

More advice, information and guidance is available from the University's Equality & Diversity section (email equality@admin.cam.ac.uk).

Additional resources are available from the Government's Equality Office and the Equality and Human Rights Commission.