Question 4a

Does your solution/intervention meet the expectations of addressing the need/issue?

If it goes too far, it is more likely to be positive discrimination and unlawful.

Examples could include:

A university is aware of low numbers of female students on physics courses. The university is considering two options to meet its aim of increasing women’s participation on physics courses.

  • The first option: The university runs an award for final year physics students with a cash prize and overseas trip and a placement with a prestigious employer. One option is to make this award open to female students only.
  • The second option: The university set up a scholarship for female first year students, run a summer school for female school pupils and recruit more female mentors.

The first option is unlikely to be a proportionate means of achieving greater participation by female students; it would discriminate against male students and would not meet the appropriate and necessary test since on its own it is unlikely to bring in more female students but would merely benefit female students already studying physics at the university.

The second option is more likely to be a proportionate way to meet their aim. Like the first it would involve less favourable treatment of men both in terms of access to the scholarship and summer school; however, this action could meet the appropriate and necessary test since it is likely to be effective in attracting women to study physics at the university and the less favourable treatment of men who are over-represented would be balanced by the fact that other forms of support are available to both male and female students.