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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), gender and sexual orientation.
The Equality Act (2010) sets out three types of unlawful discrimination: direct discrimination, indirect discrimination, and discrimination arising from a disability.
Direct discrimination
Direct discrimination occurs when you treat a person less favourably than you would treat another person because of 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), gender and sexual orientation. This could be refusing to give someone a job because of their race or not admitting them on to a course because of their religious beliefs.
Indirect discrimination
Indirect discrimination occurs when you apply a provision, criteria or practice in the same way for everyone but this has the effect of putting people sharing a protected characteristic at a particular disadvantage. It doesn’t matter that you did not intend to disadvantage that group. What does matter is whether your action does or would disadvantage that group in some way.
Indirect discrimination will occur if the following three conditions are met:
the provision, criterion or practice is applied or would be applied equally to all people, including a particular person or group with a protected characteristic;
the provision, criterion or practice puts or would put people sharing a protected characteristic at a particular disadvantage compared to relevant people who do not share that characteristic; and
the provision, criterion or practice puts or would put the particular person or group at that disadvantage, and it cannot be shown that the provision, criteria or practice is justified as a ‘proportionate means of achieving a legitimate aim’.
Discrimination arising from disability
The Equality Act 2010defines Disability as “a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities”.
Discrimination arising from disability occurs when you treat a disabled person unfavourably because of something connected with their disability and cannot justify such treatment.
Discrimination arising from disability will occur if the following three conditions are met:
a disabled person is treated unfavourably, that is, they are put at a disadvantage, even if this was not the intention;
this treatment is because of something connected with the disabled person's disability (which could be the result, effect or outcome of that disability) such as an inability to walk unaided or disability-related behaviour; and
the treatment cannot be justified by showing that it is ‘a proportionate means of achieving a legitimate aim’.
Find out more
Equality and Human Rights Commission (EHRC) provide further information on the different types of discrimination and what is meant by ‘a proportionate means of achieving a legitimate aim’.
I have been affected by discrimination- what can I do?
We believe that unlawful discrimination is never okay.
Talk
To a friend. Talking things through with someone you trust can sometimes help.
To a Wellbeing Advisor. In addition to providing wellbeing support for a range of issues that affect students, a Wellbeing advisor can talk through how to make a complaint and what support is available, in confidence.
To The People Team who can provide advice, guidance and signposting for staff.
UCLan Students' Union Advice and Representation Centre.This is a free, confidential, impartial service where students can get advice and information on academic and personal issues, including advice on procedures and representation at hearings. The Advice and Representation Centre is also a third party Hate Crime reporting centre.
The Advice and Resolution CentreThe University's Mediation Service offers an alternative dispute resolution approach; it is confidential and can help resolve a disagreement or conflict, with a colleague in the work place or a fellow student.
Report
Report and Support Students and staff can report an incident using the University’s Report and Support system. You can choose to do this anonymously or you can request support from an advisor. If you choose to talk to an advisor they will be able to talk through the options and support available to you, in confidence.
University Procedure If you choose to make a formal complaint to the University against a student or a member of staff there are procedures which set out the steps you'll need to follow.
Where can I get support?
If you think you or someone you know has been discriminated against there is a variety of support options available to both students and staff.
Equality, Diversity and Inclusion. The University of Central Lancashire (UCLan) is an organisation that welcomes and celebrates diversity, a commitment reflected in the shared values of those who work and study with us. Our vision is to strengthen our culture of equality, diversity and inclusion for our diverse University community, where everyone can feel safe, valued and supported.
For students
Your School. If you are a student you can talk to your academic adviser who will advise on how you can be referred to the Counselling, Mental Health and Wellbeing team.
Student Support is the student information and support centre who provide all students with a high quality information and support service. If your query is more specialist, they will help you as much as they can before referring you directly to the team who can help. Find them on the ground floor of the Student Centre.
The Student Wellbeing Service can help students experiencing a range of difficulties that are affecting their wellbeing. They offer a confidential, professional service, ensuring that students receive personal support, recognising people as individuals, all with different needs.
UCLan Students' Union Advice and Representation Centre. This is a free, confidential, impartial service where students can get advice and information on academic and personal issues, including advice on procedures and representation at hearings. The Advice and Representation Centre is also a hate crime reporting centre.
The Inclusive Support Service. The University’s dedicated Inclusive Support Advisors can provide advice, guidance, and support to staff and students about a range of practical adjustments to your work or studies.
The Advice and Resolution CentreThe University's Mediation Service offers an alternative dispute resolution approach; it is confidential and can help resolve a disagreement or conflict, with a colleague in the work place or a fellow student.
Residences Team. If you are a student in Halls, all of the residences have a team of Residence Officers and Assistant Residences Officer. The team can provide you with assistance and support to make your time with us an enjoyable one.
Mitigating Circumstances. If you feel your studies have been affected by what has happened you can consider applying for mitigating circumstances.
For staff
Discrimination is never ok and is contrary to the Dignity at Work procedure.You might like to have a read of this to discover more about the procedure including some formal and informal actions that you can take.
To The People Team If you are a member of staff your HR Manager will be able to identify the support that’s available for you.
Trade Unions. There are three trade unions that represent staff at the University: Unison, Unite and UCU.
Staff Network Groups.The University has a number of staff network groups which you can view on the staff Intranet through clicking the link. These groups provide a forum for staff to discuss issues of mutual interest and the ability to raise issues in a safe environment. They can help new staff settle in, provide networking opportunities across departments and also increase staff knowledge of the University's activities.
Counselling. It’s important that you take care of yourself. The Staff Counselling Service offers a confidential, accessible counselling service to all its employees, in line with the University's mission statement and policies. If you are a member of staff, you can email the Staff Counselling service or call 01772 892329 to request an appointment.
