October 1st 2003
Scotland's universities and higher education institutions can expect to face punitive lawsuits unless they are fully prepared for tough new legislation outlawing discrimination on the grounds of disability, age, sexual orientation and religion.
Education law expert Lesley Paterson of Thorntons Law LLP will tell a major education conference in Edinburgh next week that it is only a matter of time before claims against educational institutions pick up the same momentum as those brought against employers under the Disability Discrimination Act.
The Act was extended to include education from September last year to protect disabled students in all aspects of their study.
Claims against education institutions under the Act's new provisions have been sparse to date, although a number are in the pipeline.
A college that excluded an adult with learning difficulties and visual impairment from a cookery course and a university that rejected an applicant with Asperger's Syndrome from a nursing course are expected to be among the first to feel the force of the new legislation.
"With almost 7000 students in higher education in Scotland who have disclosed they have a disability, the lack of legal claims brought under this new legislation so far is perhaps surprisingly low," said Ms Paterson.
"In comparison to the 582 cases which have been brought against employers under the act, actions against educational establishments appear to have got off to a slow start.
"This does not mean educational establishments can be complacent however.
"It is likely only to be a matter of time before claims against educational institutions pick up the same momentum as those brought against employers.
"The message in relation to disability discrimination compliance for educational institutions is quite clear - be proactive and be prepared."
Paterson is one of the speakers at a major one-day, further and higher education conference being held at Murrayfield Stadium Conference Centre in Edinburgh on Tuesday October 7th 2003.
The conference will be opened by the Minister for Enterprise and Lifelong Learning Jim Wallace who will speak about the implications of the "Life through Learning, Learning Through Life" strategy for the further and higher education sectors.
The conference will be chaired by Professor Bernard King, Principal and Vice-Chancellor of the University of Abertay, Dundee.
In addition to ensuring compliance with the new provisions of the Disability Discrimination Act, delegates will also hear that universities and colleges must prepare for the introduction of legislation in December this year which will effectively outlaw discrimination on the grounds of sexual orientation or religion.
Also on the horizon is legislation intended to prevent age discrimination.
The conference - organised by Thorntons Law LLP - is expected to be attended by leading figures from higher education establishments across Scotland.
Speakers include James Calderhead, Vice-Principal, University of Dundee, David Caldwell, Director of Universities Scotland and Tom Kelly, Chief Executive of the Association of Scottish Colleges.
Professor Stewart Brymer, head of Thorntons education law unit, said : "We have chosen subjects that could have significant cost consequences for Scottish universities and colleges if not approached promptly and in the correct manner.
"Now is the time for higher education establishments to prepare.
"Getting systems in place now will cost far less than compliance after the fact."
Further information about the conference "Further and Higher Education :
Today's Issues", can be obtained from Thorntons Law LLP tel 01382
229111, events@thorntons-law.co.uk.