Know Your Rights - The Equality Act

At the Advice Centre, one of our main purposes is to ensure that you understand your legal rights and responsibilities. Following the recent media buzz around equality, diversity, and inclusion, we want to make sure you’re aware of how you are protected by the Equality Act.

What is the Equality Act? 

The Equality Act was established in 2010. It was put in place to legally protect people from discrimination in the workplace, as well as in society as a whole by establishing the various ways in which it is unlawful to discriminate against someone. 

How does the Equality Act apply to students? 

Becoming a university student can be an enriching and exciting experience, however, for students who align with marginalised identities, it can be worrying when you feel that you may be treated differently. That's why the Equality Act was enshrined in UK law; it safeguards students from discrimination by education providers. It does this by stating that you cannot be discriminated against based on certain protected characteristics: 

• Age
• Disability
• Gender Reassignment
• Pregnancy and Maternity
• Race
• Religion or Belief
• Sex
• Sexual Orientation.

Some examples of where the Equality Act may apply to students are: 

• It would be unlawful for a student with a disability to not receive reasonable adjustments to ensure that they can engage with their studies to the same standard as non-disabled students. 
• It would be unlawful to ask a student who is pregnant, has given birth in the last 26 weeks, or is breast-feeding a baby to interrupt their studies. 
• It would be unlawful to not accept a student to a university based on their race or to not accept a student into university accommodation based on sexual orientation. 

Find out more about what the Equality Act means for you as a student.

What to do if you think you're facing discrimination

If you feel you have been unfairly discriminated against you should first check whether the discrimination is unlawful under the Equality Act. If it does fall under the specific remit of the Equality Act, it is within your rights to make a formal complaint, request additional support to address your situation (mediation or arbitration), or take court action. 

Complaint: Making a complaint will mainly result in an apology from whoever unlawfully discriminated against you, or an informal remedy. If this suits your preferences, this would be the best option for you, but keep in mind that this has no legal effect and you may not receive any form of compensation. 

Mediation: This involves someone helping you, and the person that discriminated against you, to reach an agreement. However, it is not legally binding and so if you are not happy with the outcome, you can take further legal action. 

Arbitration: Arbitration, on the other hand, is usually legally binding and so if you are not happy with the outcome, you won’t be able to go to court. Bear in mind with both mediation and arbitration, you need the person who discriminated against you to agree to it which may take some time.

Court Action: If the problem cannot be resolved in any of the above ways, court action may be your best option. When considering legal action, keep in mind that it can be a lengthy, arduous, and expensive process. However, if successful, it can result in financial compensation. If you did want to take court action, you could be entitled to legal aid to help pay for legal advice.

How to be an Equality Activist

From supporting the work of other activists to volunteering with a local group, or even working with an organisation, there are many ways that you can be an equality activist.

If you would like to join a group, check your local area to see if there are active groups or projects that work on raising awareness and campaigning to reduce inequality. If you're looking to volunteer for an organisation devoted to women's equality, check out your local branch of the Women’s Equality Party.

Find out more about current equality campaigns, including some in the Greater London area, through Equality Trust. Similarly, Stonewall is one of the biggest LGBTQ+ charities in the UK that has a variety of ongoing campaigns related to LGBTQ+ rights that you can get involved in.

Organisations that help victims of discrimination

If you feel you have been harassed or discriminated against, there are many organisations that can help you. The Equality Advisory Support Service is a free service offering impartial advice and assistance to individuals on issues relating to equality and human rights, across England, Scotland, and Wales - they are fully accessible by phone or email.

If you have been affected by a hate crime, Stop Hate UK has a 24-hour helpline available to get access to confidential support. Victims of a hate crime can find more support services in their local area.

Check out this comprehensive list of organisations that can assist with issues of race, religion, sexual orientation, and disability discrimination.

Where to get advice when you’re no longer at university

As a university student, you have access to a variety of resources within your university. However, once you've graduated, there are still many organisations that you can contact for discrimination-related support.

Citizens Advice is an independent organisation specialising in confidential information and advice to assist people with legal, debt, consumer, housing, and other problems in the United Kingdom that can be contacted at any time. You can also contact the Equality Advisory Support Service regarding discrimination. Lastly, you can access free discrimination advice or representation by calling ‘Civil Legal Advice’ on 0345 345 4345.