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Suppose a UK university allows students to intermit for a year, and then return to continue their studies on the basis that they do not enter the city in which the university is based during that time. If the student is found to have been within the city, the university will not allow them to continue their studies.

This applies to British citizens who would not usually be prevented from travel within the UK.

Is this policy in breach of any UK legislation. If so, what?

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    Why would they do this, and how would they enforce it? A city can be a big place. May 23, 2017 at 19:58
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    I don't understand why they would do this - it could be to ensure that they are not using university facilities while not paying fees. It is presumably not perfectly enforced, but could be if university staff learnt that the student had been in the city. May 23, 2017 at 20:51
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    Surely if they wanted to prevent use of university facilities without payment, they could just prohibit use of university facilities. It doesn't make much sense.
    – phoog
    May 24, 2017 at 1:10
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    If the person was "sent down" for a year because of harassing another student who will be graduating during the year, or the student is being required to take off a year due to physical or mental issues, then I could see a no-contact restriction as possibly being valid.
    – mkennedy
    Jun 1, 2017 at 19:25

1 Answer 1

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As a general principle, people are free to contract to do or refrain from doing whatever they like. Such an undertaking by the student (i.e. to give up a right to do something they would otherwise be able to do), is not on the face of it fatal to the contract.

However, if the student breaches the contract then the university's remedy: to terminate the contract seems disproportionate. It may even be unconscionably disproportionate, particularly if the student has no right of appeal or consideration of mitigating circumstances.

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