Equality impact assessments

EIAs can help us to avoid discriminating against groups of people based on their characteristics, but where unequal impact is unavoidable, they help us decide whether proposals constitute a proportionate means of achieving a legitimate aim, for example, by offering an advantage to one or more groups of people, but not to all groups. More information is available in the EIA 2024 Guidance under the headings “Unlawful Discrimination” and “What is a proportionate means of achieving a legitimate aim?” 

• View full guidance about completing Equality Impact Assessments

Although EIAs are not a legal requirement in England, they are an established and credible tool for ensuring public sector organisations (including universities) do not directly or inadvertently treat any groups with protected characteristics (as defined under the Equality Act, 2010) less favourably than others. This helps us to meet our legal responsibility to pay due regard to the Public Sector Equality Duty and the Equality Act.

If we did not complete EIAs, then we would need to demonstrate that we have paid due regard to our duties in some other way. EIAs offer a consistent means to achieve this requirement.

When should I complete an EIA?

An EIA should be carried out where anyone in the University is:

• developing new policies and procedures
• making decisions about how University functions and activities are carried out
• considering any changes to existing policies and procedures

They should also be undertaken when considering any changes to existing policies and procedures.

However, we need to be realistic, evidence-based, and responsive to our day to day institutional complexities when making a decision on whether to undertake an EIA.  Decisions, and policies, and procedures that are wide-ranging and likely to impact on a lot of people are more likely to require an EIA, but you can also use the EIA principles to guide some smaller decision-making processes (even those at a team level), to ensure EDI is considered in everyday working practices. 

Not all proposals and changes will necessitate an EIA. As a starting point, a light touch screening assessment can be used to indicate whether an EIA is appropriate or necessary (see the Guidance and Tools section).  

Who undertakes and approves EIAs?

The complexity of the departmental, faculty, and professional support services structure of the University requires a flexible, tailored approach. Anyone in the University could undertake an EIA, and a single approval process is not appropriate.  

Individuals completing an EIA should give consideration to the most appropriate approval process, feedback mechanisms, and consultation processes according to topic, location and context of their EIA.

Decisions on who should provide sign-off or feedback on an EIA should be tailored according to need. You should consider:

• capacity
• knowledge of the topic
• level of responsibility 
• breadth of potential impacts on individuals

Decisions on who should provide sign-off or feedback on an EIA should be tailored according to need.  A small EIA at a team level might not need any official approval, but larger decisions affecting more people should seek an appropriate approval level within departments, faculties, or the University as a whole, according to need and context. You may also wish to gain feedback and approval where necessary from other teams in the University, if there were any potential implications for other policies, procedures, legal responsibilities, or risks.

How detailed does an EIA need to be?

Major projects that might affect many people are more likely to require an in-depth EIA, and this will require significant time, analysis of different data sets, as well as discussions with key stakeholder groups. 

Carrying out an EIA helps support good decision making and involves systematically assessing the likely (or actual) effects of our activities on people relating to the nine protected characteristics (age, disability, gender reassignment, marriage & civil partnership, pregnancy & maternity, race, religion or belief, sex, sexual orientation) and caring responsibilities.

This includes looking for opportunities to promote equality that may have previously been missed or could be better used, as well as negative or adverse impacts that can be removed or mitigated, where possible. If any negative or adverse impacts amount to unlawful discrimination, they must be removed wherever possible, and if they cannot be eliminated consideration should be made as to whether the proposals offer a proportionate means of achieving a legitimate aim.

A negative or adverse impact is one where the outcome of a decision, policy or practice creates disadvantage to or unequal treatment for a person or group of people with a protected characteristic.  This might mean the policy is potentially discriminatory. Where necessary, changes to the policy should be designed to minimise negative effects and maximise positive impact.

Examples of a negative impact for a protected characteristic group could include:

• new facilities being developed without the consideration for the needs of international students or disabled people
• a new placement policy that doesn’t cover accessibility needs for disabled students

A positive impact is where a beneficial outcome supports the advancement of equality groups, providing opportunities for people with protected characteristics and/or promoting good relations between them.

Examples of a positive impact could include:

• university publications indicating availability in different formats and use of gender inclusive language
• providing accessible counters or height adjustable desks when refurbishing campus spaces 
• considering the needs of diverse groups of staff when devising new policies and procedures

EIA forms and additional support can be found on our guidance page.

Making changes

If you identify any negative impacts, you should consider whether the policy can be changed to reduce or eliminate them. If EIA shows actual or potential unlawful discrimination, you must take steps to stop, remove or change the policy as soon as possible, but some negative impacts might also be acceptable if they are a proportionate means of achieving a legitimate aim.

Your options include:

i) Changing the policy or procedure

• Identify changes that will reduce or eliminate the negative impact where it has been identified.
• Consider what evidence would be needed to show that the changes have worked and build these into the revised policy
• Consult with affected group(s) where possible and appropriate
• Document changes in your EIA
• Monitor and review

ii) Mitigating/justifying the policy

• If the policy cannot be changed, can the negative impact be justified? The primary purpose of an EIA is to eliminate unlawful discrimination.
• If the change can be demonstrated to be a ‘proportionate means of achieving a legitimate aim’ then actions that might otherwise be considered discriminatory may not be unlawful discrimination (see Guidance Appendix, Glossary, Legal Definitions, and Examples, for an explanation of this term). A “legitimate aim” refers to a genuine and lawful objective. Examples include ensuring health and safety, maintaining business efficiency, or achieving a specific business need. “Proportionate means” requires actions to be appropriate and necessary. It involves balancing the need to achieve the aim against the impact on the individual or group being discriminated against.
• Demonstrate that all alternatives have been explored before deciding that a negative impact is justified, which should be seen as a last resort.

Involvement and consultation

Where appropriate, consultation should take place with appropriate stakeholders as part of the EIA process whether there is a positive, neutral or negative impact. The scale of the consultation will vary: the higher the potential for negative impact the more comprehensive the consultation will need to be. Where there is a negative impact the consultation should include any proposals to reduce this impact.

Examples of consultation methods might include:

• Focus groups
• Questionnaires
• Key stakeholder groups (staff / students/ those from underrepresented groups)
• Targeted emails
• Posters and leaflets
• Staff / student newsletters