Discrimination can be direct or indirect.
Direct discrimination would only arise if, because of a protected characteristic, a student was treated less favourably than other students. We do not therefore consider that the proposed policy would give rise to direct discrimination.
Indirect discrimination would arise if the eligibility criteria nevertheless operate so as to put students who share a protected characteristic at a particular disadvantage when compared to students who do not share that protected characteristic and this cannot be shown to be a proportionate means of achieving a legitimate aim.
To establish whether putting in place the proposed policy could result in indirect discrimination, it was necessary to establish whether the eligibility criteria would put students in the student group who share a relevant protected characteristic at a particular disadvantage compared to students who do not share that characteristic.
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