The guidance and examples on this page are part of a set of guidance designed to support you in completing an Equality Impact Assessment (EIA) template.
Please visit the Equality Impact Assessment webpage for more information.
Guidance on Question 2:
It is important to identify the aim(s) of the practice, being clear about:
- What the practice intends to achieve, ensuring that this understandable to a broad audience.
- How the aim supports the university’s broader goals, such as promoting equality of opportunity or reducing disparities between different groups.
- How the aim will consider and positively impact individuals with protected characteristics.
- How the aim reflects an intention to create an inclusive environment where all students, staff and stakeholders feel respected and supported.
If the practice is found to have a negative impact on protected groups which cannot be removed*, it will be necessary to assess whether the practice can be justified. The primary purpose of an Equality Impact Assessment is to eliminate discrimination. If the practice can be demonstrated to be ‘a proportionate means of achieving a legitimate aim’ then it may not amount to unlawful discrimination.
*You should aim to remove negative impact wherever possible
There are two main elements to justification that you would need to consider when considering the impact of the practice (when completing Questions 5 and 6 of the EIA Template) where a negative impact is found and cannot be removed. These are:
- Whether the aim is legitimate – to be legitimate the aim must be a real, objective consideration, and not in itself discriminatory. In other words, the aim must be lawful (the goal should comply with existing laws and regulations) and necessary (there must be a real need or problem that the aim addresses).
- Whether the practice is a proportionate way of achieving the legitimate aim - this involves a balancing exercise considering whether the importance of the aim outweighs any discriminatory effects of the practice. To be proportionate, there must be no less discriminatory means of achieving the legitimate aim. Therefore, it will be important to be able to show that all alternative measures have been explored and would be ineffective, before reaching a conclusion that the practice can be justified.
Example: Proportionate
A university considers implementing a policy that all its building and property maintenance staff must hold a valid driving licence so they are able to drive the university maintenance vehicles.
It is identified that this would potentially negatively impact on employees with a physical disability or a long-term health condition (eg, being partially sighted or having epilepsy) which prevents them from holding a driving licence.
Before proceeding, the university needs to identify the legitimate aim of the requirement to hold a valid driving licence. For example, it may be to ensure that the tools and equipment needed for the various maintenance jobs can be transported to the different university sites to enable the maintenance work to be effectively carried out.
The university needs to consider whether there is a less discriminatory way of ensuring that the necessary tools and equipment are at the locations where they are needed and if there isn’t, be able to demonstrate that there is not. In implementing the policy, it will need to recognise that, in the case of a disabled employee who is not permitted to hold a driving licence, they will need to make an adjustment to the policy where it would be reasonable to do so. Only then will the university be able to justify the policy as a proportionate means of achieving a legitimate aim.
Depending on the background and evidence, examples of a legitimate aim could include:
- Maintaining academic standards
- Protecting the health and welfare of staff and students
- Ensuring accessibility for staff or students with disabilities
- Supporting first-generation students to adapt to university life and academia
- Promoting gender or race equality in a particular field of study in which there is under-representation
- Provision of support or facilities for LGBTQ+ staff or students to ensure they have a safe and inclusive environment
