public authorities such as universities in England. There is a duty for organisations to increase participation by people with certain shared characteristics which is what is being done here. 2. Objectively justifying indirect race discrimination: It is objectively justifiable to distinguish between UK and EU students on the basis that this area of work is geared towards UK students alone. "Objectively justifiable" is a legal concept and is found in section 19 of the Equality Act 2010. These arise where there is a practice, provision or criterion which operates to the disadvantage of a group of people sharing a protected characteristic. The particular sub-section that applies is s19(2)(d), which provides that in order for the indirect discrimination to be lawful it must be a "proportionate means of achieving a legitimate aim". This is a facts based exercise, meaning what is objectively justifiable as a proportionate means of achieving a legitimate aim depends on the circumstance.
public authorities such as universities in England. There is a duty for organisations to increase participation by people with certain shared characteristics which is what is being done here. 2. Objectively justifying indirect race discrimination: It is objectively justifiable to distinguish between UK and EU students on the basis that this area of work is geared towards UK students alone. "Objectively justifiable" is a legal concept and is found in section 19 of the Equality Act 2010. These arise where there is a practice, provision or criterion which operates to the disadvantage of a group of people sharing a protected characteristic. The particular sub-section that applies is s19(2)(d), which provides that in order for the indirect discrimination to be lawful it must be a "proportionate means of achieving a legitimate aim". This is a facts based exercise, meaning what is objectively justifiable as a proportionate means of achieving a legitimate aim depends on the circumstance.
HEFCE_PEP_guidance_v1.docx