According to Fenella Morris QC, who was asked to review UUK advice on what to do if a visiting lecturer asks men and women to sit separately, the organisation鈥檚 advice was 鈥渓awful鈥 and 鈥減rovides an appropriate foundation for lawful decision-making鈥.
However, UUK has faced fresh criticism over its guidance, which said a speaker could legitimately ask for men and women to sit separately as long as neither sex was 鈥渄isadvantaged鈥 by sitting at the back of the room and a non-segregated area was also available.
To deny such a request for 鈥渧oluntary segregation鈥 may violate an individual鈥檚 right to freedom of speech connected to their religious beliefs, the guidance says.
Consideration of gender segregation, which has been requested by some Islamic speakers at UK universities, came in a case study considering the various legal issues on the matter.
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However, shadow business secretary Chuka Umunna has said he is 鈥渉orrified鈥 at UUK鈥檚 position, which critics say is putting the beliefs of Islamic extremists over gender equality.
His intervention follows an interview with UUK chief executive Nicola Dandridge on BBC Radio 4鈥檚 Today programme, in which she said that gender segregation is not completely 鈥渁lien to our culture鈥.
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鈥淲e are not talking about universities enforcing segregation,鈥 Ms Dandridge told the programme. 鈥淥ne of the questions that runs through our case study which illustrates this questions is: 鈥業s this segregation voluntary, have the people who are likely to come to this event agreed to the segregation?鈥欌
Guidance from Ms Morris appears to support UUK鈥檚 advice that it must consider its duty to provide free speech to religious speakers who are averse to audiences where men and women sit together.
It states that in 鈥渕any cases鈥 it is likely that the rights of a speaker to freedom of speech and religious expression 鈥渨ill be greater than the [the right to freedom of association for those not wanting to be segregated]鈥f not allowing segregation would prevent the speaker appearing鈥, Ms Morris says.
Ms Morris says that unless women find themselves suffering a disadvantage from segregation, such as sitting at the back of a room and unable to hear, 鈥渟egregation on the grounds of sex is not automatically discriminatory鈥.
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However, deliberate segregation on terms of race would automatically amount to unfair treatment, she adds.
Given the public concern over the UUK guidance, it has written to the Equality and Human Rights Commission asking it to clarify the legal position, either by a High Court ruling or a public statement on the matter.
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