We believe unlawful discrimination is never okay.
Discrimination occurs when an individual or a group of people are treated less favourably than others based on a protected characteristic such as age, disability, gender reassignment, marriage and civil partnership (in employment), pregnancy and maternity, race, religion or belief (including lack of belief), sex or gender, sexual orientation.
Unlawful discrimination is contrary to the Equality Act 2010 and the College's student and staff conduct policies.
Direct discrimination
This means treating someone less favourably than someone else
because of a protected characteristic. In the case of age, treating
someone less favourably than someone else may be justified. Another example would be refusing to admit a student because of their race, for example because they are Roma.
because of a protected characteristic. In the case of age, treating
someone less favourably than someone else may be justified. Another example would be refusing to admit a student because of their race, for example because they are Roma.
It is not possible to justify direct discrimination, so it is always unlawful. There are, however, exceptions to the further and higher education provisions that allow, for example, single-sex institutions to only admit students of one gender without this being unlawful direct discrimination.
In order for someone to show that they have been directly discriminated against, they must compare what has happened to them to the treatment a person without their protected characteristic is receiving or would receive. So a gay student cannot claim that excluding them for fighting is direct discrimination on grounds of sexual orientation unless they can show that a heterosexual or bisexual student would not be excluded for fighting. A student does not need to find an actual person to compare their treatment with but can rely on a hypothetical person if they can show there is evidence that such a person would be treated differently.
There is no need for someone claiming direct discrimination because of racial segregation or pregnancy or maternity to find a person to compare themselves to:
- Racial segregation is deliberately separating people by race or colour or ethnic or national origin and will always be unlawful direct discrimination.
- To claim pregnancy or maternity discrimination a female student must show that she has been treated unfavourably because of her pregnancy or maternity and does not have to compare her treatment to the treatment of someone who was not pregnant or a new mother.
It is not direct discrimination against a male student to offer a female student special treatment in connection with her pregnancy or childbirth.
It is not direct discrimination against a non-disabled student to treat a disabled student more favourably.
What can you do?
Talk - If someone you know has been affected, you can encourage them to seek support. Alternatively you make an anonymous disclosure which will allow us to investigate if there are multiple instances in one area.
Find out more:
Equality and Human Rights Commission (EHRC) provides further information on unlawful harassment
Seek Support - There are a number of specialist organisations that provide specialist support, including counselling for those affected. You could encourage your colleague to reach out to such support.
Further information can be provided via the College's Hub and by speaking to a member of Student Services