EIA embedding the Public Sector Equality Duty and Freedom of Speech

When undertaking an Equality Impact Assessment (EIA), and when identifying good practice and areas for development, the University must give due regard to the Public Sector Equality Duty (PSED), as set out in the Equality Act 2010. This duty applies in relation to people who share protected characteristics and requires the University to be proactive in:

  • Removing or minimising disadvantages suffered by people due to their protected characteristics. 
  • Taking steps to meet the needs of people from different groups where those needs differ from those of others. 
  • Encouraging participation by people from protected characteristic groups in public life or in other activities where their participation is disproportionately low. 
  • Tackling prejudice and promoting understanding between people from different groups. 

At the same time, the University has statutory duties to secure and promote lawful freedom of speech and academic freedom for staff and students. These duties arise under the Education (No. 2) Act 1986 and the Higher Education (Freedom of Speech) Act 2023 and must be considered alongside equality duties. 

In completing an EIA, the analysis should therefore also consider whether the policy, practice, service or function could: 

  • Restrict or limit lawful expression of views, including through overly prescriptive or blanket requirements. 
  • Affect academic freedom, including curriculum design, teaching, research, or scholarly debate. 
  • Have a chilling effect on lawful speech, where individuals may feel unable to express legitimate views for fear of adverse consequences. 
  • Disproportionately affect the ability of different groups to participate in debate or discussion. 

Where potential tensions arise between equality, inclusion, and freedom of speech, the EIA should set out how these have been identified, assessed and balanced. Any restrictions on lawful expression must be justified, proportionate and clearly evidenced, and should not go beyond what is necessary to prevent unlawful discrimination, harassment or victimisation. 

The EIA analysis should clearly describe how the work takes account of both the requirements of the Public Sector Equality Duty and the University’s obligations to protect freedom of speech and academic freedom, supporting fair, balanced and legally compliant decision-making.