Points-based immigration system: equality impact on students and staff
Reforms to the UK immigration system may have equality implications
In order to meet the requirements of existing equalities legislation, higher education institutions will need to ensure that they discharge their duties as part of the new immigration system in a fair and equitable way.
The equality impact of the points-based system is likely to be limited. However, the duty to monitor the attendance of international staff and progression of students for immigration purposes may have equality implications.
The Race Relations Act makes it unlawful for an organisation to treat people differently on the grounds of race or nationality (direct discrimination), or to operate practices or procedures which unjustifiably disadvantage people of one race rather than another (indirect discrimination).
There may be equality implications in the following areas:
- Making assumptions about a person's immigration status based on their ethnicity or nationality.
- Unjustified practices and responses. For example, a strict clocking-in system for staff subject to the requirements of the points-based immigration system but not for other staff.
- Failure to consider individual circumstances. For example, where there is conflict with existing anti-discrimination legislation including the Disability Discrimination Act.
Further information
ECU, together with Universities UK, GuildHE and UCEA, has produced further guidance.