University of Manchester

In 2023, we referred the University of Manchester to National Trading Standards because of concerns about some terms and conditions in its enrolment contract with students.

We had concerns about the following clauses:

'Our liability to you for all loss or damage suffered by you shall be limited to the total amount of the Tuition Fees payable by you to the University whilst enrolled on the Programme at the University'

We were concerned that this limited the university’s liability to provide full compensation if it failed to honour its obligations to students.

'We shall not be liable to you for the impact of events outside our control which we could not have foreseen or prevented, even if we had taken reasonable care, as long as we have taken reasonable and proportionate steps to mitigate the impact of these events. Such events include: strikes; other industrial action; staff illness […]'

We were concerned that the examples listed could reasonably be within the university’s control and should not be used to limit liability.

'We will review Tuition Fees annually and may increase Tuition Fees for subsequent academic years in the circumstances and on the basis of identified in your offer letter.'

We were concerned that this gave the university a broad discretion to increase tuition fees over the duration of the course with no explanation of how any increases would be made, the circumstances in which an increase would happen or whether a student would have the right to cancel the contract if the final tuition cost is too high.

'In the rare event that applicants have accepted offers with us and we are then not able to accommodate them on their Programme (this will usually only occur if there is a UK Government or Professional, Statutory or Regulatory Body imposed limit on numbers), we will look to offer those applicants various choices, including offering to defer their  place to a later year, joining a different Programme with us, or being assisted to find a place on a similar programme with another higher education provider. We will also consider paying financial recompense depending on the options applicants choose.'

We were concerned that this term required further explanation and clarification to ensure it was not open to more than one interpretation. We were also concerned that its vague wording gave the university broad discretion to decide when it could be used.

After working with Trading Standards, the university made the following changes:

• The clause which limited liability to students for all loss or damage suffered to the total amount of the tuition fees paid while enrolled at the university was removed.
• The wording which limited liability for industrial action was narrowed to apply only to industrial action by non-university staff.
• The clause which related to tuition fees was amended to clearly state that tuition fees will remain the same as those applied in the first year of study unless stated otherwise in the offer letter.
• The wording relating to oversubscribed programmes was updated to state that the university would consider paying evidenced expenses for finding a suitable course at another institution if it is unable to accommodate applicants. The update included further information on the university’s refund and compensation policy and the assessment process for compensation payments.