This guidance supports higher education institutions (HEIs) in understanding protected beliefs and seemingly competing legal duties related to protected beliefs, rights of free speech and academic freedom within the law, and protections against unlawful discrimination and harassment, within the present UK legal framework.
This guidance sets out legal concept of protected beliefs under the Human Rights Act 1998 and the protections afforded by the Equality Act 2010 and in relation to free speech and academic freedom. It provides an overview of recent case law relevant to higher education (HE) in: (i) gender critical beliefs and trans inclusion; (ii) anti-Zionist views; and (iii) race and critical race theory.
The guidance summarises the learnings from the case law and supports HEIs to consider holistically: (i) how to approach protected beliefs and navigate competing duties or obligations; (ii) how to set justifiable policies in more challenging areas; and (iii) how to take decisions that are lawful, reasonable, and proportionate.
This guidance does not constitute legal advice.
You can download the Protected beliefs in higher education guidance, along with the supplementary legal framework and activities and events checklist, below.
Promoting good relations on campus
This revised guidance provides an overview of the ways in which higher education institutions (HEIs) can promote tolerance and develop a culture where relationships between diverse groups and individuals enhance the learning experience, protect freedom of speech and academic freedom, tackle harassment, and contribute to an inclusive society.