Discrimination at University

Facing discrimination at university can be an overwhelming and stressful experience, and it’s often difficult to know where to turn. You may be worried about how making a claim could affect your studies or future career prospects. Our specialist education solicitors are here to guide you through the process, protect your rights, and provide the support you need.

We offer clear, expert legal advice on your options and are available to answer any questions, giving you peace of mind at every stage.

We have extensive experience supporting students and their parents with discrimination in higher education.

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 for disability

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

Equality Act 2010

The Equality Act 2010 protects students in higher education from discrimination, harassment, and victimisation based on certain protected characteristics. Universities and colleges must ensure fair treatment in admissions, teaching, and access to facilities, and they have a legal duty to promote equality and foster good relations across their communities.

Under the Act, there are nine protected characteristics:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership (this does not apply in higher education contexts)
• Pregnancy and maternity
• Race (including colour, nationality, ethnic or national origin)
• Religion or belief
• Sex
• Sexual orientation

Please note: we are only able to take on privately funded cases. If you are unable to fund your case privately or if you are looking for general guidance on what actions you can take to protect your or your child’s education rights, you may refer to the Citizens Advice website.

Direct Discrimination

Direct discrimination occurs when a person is treated less favourably than another person in the same or similar circumstances because of a protected characteristic.

In higher education, this could be because of race, sex, age, disability, religion or belief, sexual orientation, or gender reassignment.

It is also unlawful to treat a woman unfavourably because of she is pregnant, or because she has given birth or is breastfeeding and the unfavourable treatment takes place within 26 weeks of the birth. Outside the 26-week period, she may be able to claim direct sex discrimination.

Indirect Discrimination

Indirect discrimination at university happens when there is a provision, criterion or practice (such as a university policy), that applies to everyone but which disadvantages a group with a protected characteristic.

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

Associative discrimination

Associative discrimination is discrimination based on someone else’s protected characteristic, such as a family member.

Discrimination arising from disability

Discrimination arising from disability occurs 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 relevant protected characteristic that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment.

In higher education, this could involve inappropriate comments or actions related to race, sex, religion or belief, age, disability, sexual orientation or gender reassignment.

Sexual harassment is also unlawful. This could include verbal, non-verbal or physical conduct including unwelcome sexual advances, touching, forms of sexual assault, sexual jokes, displaying pornographic photographs or drawings or sending emails with material of a sexual nature.

Victimisation

Victimisation occurs when a person is treated unfavourably because, for example, they have made an allegation of discrimination under the Equality Act, have brought a discrimination claim or have given evidence in discrimination proceedings, or because they are believed to have done 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.

FAQ - Discrimination at University

Can you sue a university for discrimination?

Yes, you can take legal action against a university for discrimination under the Equality Act 2010, but it should generally be a last resort. Before bringing legal action against a university, you should:

• Raise a formal complaint with the university and follow its internal procedures.
• Consider alternative dispute resolution methods, such as mediation.

If these steps fail, you may bring a claim in the County Court if:

• You have reasonable grounds to believe unlawful discrimination occurred under the Equality Act; and
• You act within the strict time limit—usually six months less one day from the date of the discriminatory act.

Our solicitors can advise on the merits of your potential claim and whether pursuing court action is in your best interests.

How do you sue a university for discrimination?

If informal resolution and internal complaints have not worked, you can make a discrimination claim against the university in the County Court. Key points to note:

• Claims must usually be submitted within six months less one day of the discriminatory act.
• You may be entitled to financial compensation for the harm suffered.
• The process involves gathering strong evidence, submitting the claim, and potentially attending hearings.

Our team can assist with every stage—from preparing evidence to representing you in court.