Diseño de elementos de concreto armado

Admission to single-sex institutions 14.30

The Act permits single-sex institutions to admit students of only one sex without this being unlawful sex discrimination.

Example:A university offers bursaries to students from the Middle East, which are provided by a charitable trust. It is a criterion of

acceptance of the bursary that students assert that they are followers of Islam. This bursary was set up in 2004, so the Act allows the bursary to continue to operate in the same way.

s193(5) and (6) s193(7) Sch 23, para 4 s91 Sch 12.1(1) Exceptions

Exceptions

14.31

A single-sex institution is an institution which: • admits students of one sex only, or

• admits students of the opposite sex but their admission to the institution is exceptional or their numbers are comparatively small and their admission is confined to particular courses or classes.

14.32

Where an institution admits students of the opposite sex as described it is permitted to confine those students to particular courses or classes, but not to discriminate against them in other respects.

14.33

This exception applies only to admissions and does not apply to the provision of education or access to any benefit, facility or service, or to exclusions.

Single-sex institutions turning co-educational 14.34

If a single-sex institution decides to alter its admissions arrangements so that it will cease to be a single-sex institution, it may apply to the Equality and Human Rights Commission for a transitional exemption order.

Example: A groundskeeper at a women-only college lives with his family in a cottage on the college premises. The groundskeeper’s son is permitted to attend the college. It is still regarded as a single sex

institution.

Example: A male-only sixth form college has places available on A level courses in Economics and Russian and agrees to admit a small number of female students from the local area to these courses as their schools do not offer these options. It is not discriminating unlawfully by refusing to admit female students on to other courses.

Example:In the example above the college would be acting unlawfully if it did not allow the female students access to the college canteen or library.

Sch12.1

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Exceptions

A transitional exemption order authorises an institution, for the period

specified in the order, to discriminate in relation to sex in the arrangements it makes for deciding who is offered admission as a student and to refuse to admit a person as a student because of their sex.

14.36

An institution is not acting unlawfully in relation to sex discrimination if in accordance with a transitional exemption order, or pending the

determination of an application for a transitional exemption order, it does not admit a person as a student because of the person’s sex.

Occupational requirements 14.37

A further or higher education institution can restrict access to courses which prepare people for a particular job or profession, where that job or profession is lawfully restricted to people of a particular race, disability, sex, religion, sexual orientation or age or who are not transgendered. This only covers those occupational requirements covered in Schedule 9 to the Act which relates to the work provisions of the Act.

Institutions with a religious ethos 14.38

An institution with a religious ethos is one which has been designated as such by a Minister of the Crown. This exception only covers a small number of institutions in England and Wales which are all Catholic sixth form colleges. The list of designated institutions is set out in regulations.

14.39

The Act permits institutions which are designated as having a religious ethos to have admissions arrangements that give preference to people of their own religion or belief, where they do so to preserve the institution’s religious ethos.

Example:A Catholic theological college can refuse to admit a woman to a training course which was designed only to prepare candidates for the Catholic priesthood. However, a Church of England college could not confine training for the priesthood to men since women may also become Anglican priests. Sch12.2(4) Sch12.2(5) SI 2010/ 1915 Exceptions

Exceptions

14.40

This exception does not cover courses of vocational training and so it would not be lawful for such an institution to give preference on faith grounds for admission to any course of vocational training. Vocational training means any form of education which prepares people for a qualification for a

particular profession, trade or employment or equips them with the training and skills required for such a profession, trade or employment. (See 14.7 above.)

Benefits dependent on marital status 14.41

The Act does not prevent a further or higher education institution from restricting access to certain benefits, facilities or services to married persons and civil partners and not providing them to other persons. This would not constitute unlawful sexual orientation discrimination against people who for reasons connected to their sexual orientation are less likely to be in a legally recognised relationship.

Childcare 14.42

The Act’s provision in relation to age discrimination does not prevent a further or higher education institution from providing, making arrangements for, or facilitating the provision of, childcare which is restricted to children of a certain age.

Example: A Catholic sixth form college may give priority to Catholic students when choosing between applicants for admission. However, it must still not discriminate against students, such as refusing to admit a student because she is a lesbian.

Example: A university provides larger rooms in halls of residence for students who are married or in a civil partnership and wish to live in halls with their partner. The provision of these larger rooms only to students who are married or in a civil partnership would not be unlawful sexual orientation discrimination.

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Exceptions