Lawful positive action or unlawful discrimination?

Following a number of queries from higher education institutions about the legality and appropriateness of bursary schemes, ECU has issued guidance on the application of equality law to the provision of bursaries to underrepresented equality groups. 

In particular, the guidance flags up the distinction between lawful positive action and unlawful positive discrimination, outlining at the legal implications for each equality area.

Many institutions operate bursaries and schemes to benefit specified underrepresented applicant or student groups. However, many schemes were created in an era where the social concerns and the law were different and some may now fall foul of equality legislation.

ECU advises all institutions to take care in ensuring that good practice positive action initiatives remain lawful.

Download the full guidance:

Student and applicant admissions and bursaries: lawful positive action and unlawful discrimination