The Student Room Group

Has pearson breached my rights under the 2010 Equality act?

Hi,
I sat the LNAT recently (run by pearson VUE) and, despite being eligible for 25% extra time, I chose not to because of what the LNAT website states about it:
"The LNAT universities to which you have applied will be informed of your examination access arrangements and will be able to take these into consideration when evaluating your LNAT result."
I didn't want my result to be unfairly placed downwards, and funnily enough, I didn't do too well.
I'm wondering if they have breached the eqaulity act by informing universities of my disability (which, in the case of A levels, is rightly hidden from the universities), which only serves to discriminate candidates - and if so who should I complain to?
Thanks :smile:
(edited 1 year ago)
Informing unis of any disability is meant to be on the ucas form as well as part of your access arrangements for the lnat. I don't think you have grounds to do anything about this as whether or not the unis know because of the lnat - they will still know from your application, which makes your point mute.
Original post by AlexStricklin12
Hi,
I sat the LNAT recently (run by pearson VUE) and, despite being eligible for 25% extra time, I chose not to because of what the LNAT website states about it:
"The LNAT universities to which you have applied will be informed of your examination access arrangements and will be able to take these into consideration when evaluating your LNAT result."
I didn't want my result to be unfairly placed downwards, and funnily enough, I didn't do too well.
I'm wondering if they have breached the eqaulity act by informing universities of my disability (which, in the case of A levels, is rightly hidden from the universities), which only serves to discriminate candidates - and if so who should I complain to?
Thanks :smile:


Is there a typo in this, as what you're saying seems a bit jumbled/conflicting...
I agree, the first post seems to be missing the bit where the OP has found out that Pearson has notified his choices somehow.

Original post by isabelbelle
Informing unis of any disability is meant to be on the ucas form as well as part of your access arrangements for the lnat. I don't think you have grounds to do anything about this as whether or not the unis know because of the lnat - they will still know from your application, which makes your point mute.


*moot.
Original post by The_Lonely_Goatherd
Is there a typo in this, as what you're saying seems a bit jumbled/conflicting...

Original post by Admit-One
I agree, the first post seems to be missing the bit where the OP has found out that Pearson has notified his choices somehow.

The way I read it, OP's issue was the fact that Pearson stated that they would make universities aware that he'd/she'd been allowed extra time, meaning he/she felt "forced" to undertake the LNAT under standard conditions, for fear of his score being devalued in the eyes of universities if they knew about the 25% extra time.

OP clearly feels that any examination arrangements should be kept confidential. The thought had never occurred to me until now, but I think I agree.
Original post by DataVenia
The way I read it, OP's issue was the fact that Pearson stated that they would make universities aware that he'd/she'd been allowed extra time, meaning he/she felt "forced" to undertake the LNAT under standard conditions, for fear of his score being devalued in the eyes of universities if they knew about the 25% extra time.

OP clearly feels that any examination arrangements should be kept confidential. The thought had never occurred to me until now, but I think I agree.

Oh I see... That's not how I read what the OP said :nah: but if that's what they meant, that makes more sense than how I read it :colondollar: (though there's still no point trying to start a lawsuit against Pearson, they're highly unlikely to win :nah: )

As for whether I agree or not with exam arrangements being confidential: I doubt Pearson would pass on that info in bad faith, and would only be doing it to contextualise an applicant's LNAT. Personally, as a disabled student myself, I think it's important to be open about these things to get and take the adjustments that you need - especially if identical adjustments might be required during uni exams/assessments. But I do appreciate that it's much easier for me to say that, and harder for much-younger people to have faith/understand that they aren't likely to be directly discriminated against :yes:
Original post by DataVenia
The way I read it, OP's issue was the fact that Pearson stated that they would make universities aware that he'd/she'd been allowed extra time, meaning he/she felt "forced" to undertake the LNAT under standard conditions, for fear of his score being devalued in the eyes of universities if they knew about the 25% extra time.

OP clearly feels that any examination arrangements should be kept confidential. The thought had never occurred to me until now, but I think I agree.

Okay, if that has happened, (and again I don’t think the OP is clear although I can see it’s been edited), I see how that could introduce the possibility of bias.

In my experience processing external results like this, one bod at the Uni receives them and cleans the data up. This then gets passed on to processing people with instructions on what to do, (“everyone with this score gets an offer / a reduced offer / a rejection” etc). So ultimately the person making offers/amendments would never find out about extra time allocations or anything like that.

And if the person responsible for the data at the Uni was audited and found to be doing something different with extra time candidates then they’d likely get dismissed.

It may be of concern that this got passed on, but I struggle to see a scenario where it could make any difference to the application outcome.
Original post by The_Lonely_Goatherd
Oh I see... That's not how I read what the OP said :nah: but if that's what they meant, that makes more sense than how I read it :colondollar: (though there's still no point trying to start a lawsuit against Pearson, they're highly unlikely to win :nah: )

As for whether I agree or not with exam arrangements being confidential: I doubt Pearson would pass on that info in bad faith, and would only be doing it to contextualise an applicant's LNAT. Personally, as a disabled student myself, I think it's important to be open about these things to get and take the adjustments that you need - especially if identical adjustments might be required during uni exams/assessments. But I do appreciate that it's much easier for me to say that, and harder for much-younger people to have faith/understand that they aren't likely to be directly discriminated against :yes:


What do you mean when you say, "would only be doing it to contextualise an applicant's LNAT"? Does that mean the same thing as the LNAT Consortium say on their web site, that "universities ... will be able to take these into consideration when evaluating your LNAT result"?

I don't see how "contextualise" or "take these into consideration" can mean anything other than, "Your LNAT result won't be taken at face value, given the advantage that your exam arrangements will have provided."

If all LNAT results will be considered equally, then why inform universities about exam arrangements in the first place? And then why specifically make the point that this information can be used "when evaluating your LNAT result"?
Original post by Admit-One
Okay, if that has happened, (and again I don’t think the OP is clear although I can see it’s been edited), I see how that could introduce the possibility of bias.

In my experience processing external results like this, one bod at the Uni receives them and cleans the data up. This then gets passed on to processing people with instructions on what to do, (“everyone with this score gets an offer / a reduced offer / a rejection” etc). So ultimately the person making offers/amendments would never find out about extra time allocations or anything like that.

And if the person responsible for the data at the Uni was audited and found to be doing something different with extra time candidates then they’d likely get dismissed.

It may be of concern that this got passed on, but I struggle to see a scenario where it could make any difference to the application outcome.


I guess OP doesn't know that Pearson VUE have informed universities about their exam arrangements, they just know what the web site says, here, that "The LNAT universities to which you have applied will be informed of your examination access arrangements and will be able to take these into consideration when evaluating your LNAT result."

The phrase "will be able to" means that some universities will do exactly as you describe, and strip this information before it is put in front of decision-makers. But other universities clearly will be able to say, "Yeah, I know this candidate scored X but we shouldn't treat that as a real X given the extra time they had."

One final point regarding your "In my experience processing external results like this..." comment. Would the process you describe, also apply to - for example - A level results? Do those count as "external results"? I'm thinking of the same scenario where Candidate 1 gets AAA but Candidate 2 get A*AA with 25% extra time. Would the person reviewing these two applications (a) be aware of the 25% extra time, and (b) take that into account when comparing these two candidates?
Original post by DataVenia
What do you mean when you say, "would only be doing it to contextualise an applicant's LNAT"? Does that mean the same thing as the LNAT Consortium say on their web site, that "universities ... will be able to take these into consideration when evaluating your LNAT result"?

I don't see how "contextualise" or "take these into consideration" can mean anything other than, "Your LNAT result won't be taken at face value, given the advantage that your exam arrangements will have provided."

If all LNAT results will be considered equally, then why inform universities about exam arrangements in the first place? And then why specifically make the point that this information can be used "when evaluating your LNAT result"?


If anything universities are more likely to be more flexible to candidates who had extra time. Both you and the OP are assuming universities would use this to discriminate AGAINST the OP when in fact they’re more likely to use it as a way to make a reasonable adjustment to their selection process to the OPs advantage.
Original post by PQ
If anything universities are more likely to be more flexible to candidates who had extra time. Both you and the OP are assuming universities would use this to discriminate AGAINST the OP when in fact they’re more likely to use it as a way to make a reasonable adjustment to their selection process to the OPs advantage.

You're absolutely right. Both the OP and I had been making that assumption. Thank you for pointing out that the any "reasonable adjustment to their selection" would likely have been in OP's favour. That genuinely hadn't occurred to me. :ashamed2:
Original post by DataVenia
One final point regarding your "In my experience processing external results like this..." comment. Would the process you describe, also apply to - for example - A level results? Do those count as "external results"? I'm thinking of the same scenario where Candidate 1 gets AAA but Candidate 2 get A*AA with 25% extra time. Would the person reviewing these two applications (a) be aware of the 25% extra time, and (b) take that into account when comparing these two candidates?


I was thinking more along the lines of LNAT, MAT and external entrance exams like that, but the process is actually much the same for AL results. IE. Whenever I've been the bod processing them, the only data I got was the grades themselves, nothing else about the candidate.

Original post by PQ
If anything universities are more likely to be more flexible to candidates who had extra time. Both you and the OP are assuming universities would use this to discriminate AGAINST the OP when in fact they’re more likely to use it as a way to make a reasonable adjustment to their selection process to the OPs advantage.


A very good point and one that only occurred to me after my original reply. I agree, unis are much more like to be extra careful with any candidates flagged in this way.
Original post by DataVenia
What do you mean when you say, "would only be doing it to contextualise an applicant's LNAT"? Does that mean the same thing as the LNAT Consortium say on their web site, that "universities ... will be able to take these into consideration when evaluating your LNAT result"?

I don't see how "contextualise" or "take these into consideration" can mean anything other than, "Your LNAT result won't be taken at face value, given the advantage that your exam arrangements will have provided."

If all LNAT results will be considered equally, then why inform universities about exam arrangements in the first place? And then why specifically make the point that this information can be used "when evaluating your LNAT result"?


What PQ said in post 11 was what I meant :smile:
Original post by AlexStricklin12
Hi,
I sat the LNAT recently (run by pearson VUE) and, despite being eligible for 25% extra time, I chose not to because of what the LNAT website states about it:
"The LNAT universities to which you have applied will be informed of your examination access arrangements and will be able to take these into consideration when evaluating your LNAT result."
I didn't want my result to be unfairly placed downwards, and funnily enough, I didn't do too well.
I'm wondering if they have breached the eqaulity act by informing universities of my disability (which, in the case of A levels, is rightly hidden from the universities), which only serves to discriminate candidates - and if so who should I complain to?
Thanks :smile:

Not exactly an expert at what the Pearson or LNAT procedures are, but it seems apparent that you've been unsuccessful and elected not to have the additional time of 25% because you felt this would negatively impact the consideration given to your application.

Well, a simple step first would be to see if you're able to resit it.

Otherwise, you can't claim you've been discriminated against pursuant to Section 21(1) of the Equality Act 2010 as the adjustment was offered to you, and you voluntarily declined.

The only other perspective you could assess is if it is necessary for Pearson to provide this information to the Universities and if there is a lawful basis to do so. However, I assume they will argue a 'legitimate interest' or 'consent' were you approved of such data sharing, and therefore, you would be unable to launch a dispute in relation to potential violations of the Data Protection Act 2018.

This is not legal advice, and I will not be held liable for action taken in reliance with the information contained within this response.

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