Thread by @zeno001

Hi @CollegeofPolice

In the Diversity monitoring form for one of your job applications, you ask, "Sex Which of the following options best describes your sex?" and include the options, 'Intersex', 'Female', 'Male' and 'Other (please specify)'.

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college.police.uk/About/Work-for…

Sex is an innate and immutable characteristic of a person and not something that can be 'best described': it is either 'Female' or 'Male' as defined in the Equality Act 2010 and consistent with biology. 'Other' is not a valid option.

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Intersex is not protected characteristic under the Act nor is it defined in the Act. However, it is also not a sex class and those with a Difference of Sex Development are still considered to be of the male or female sex class.

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You then ask, "Gender identity What best describes your gender?" and include the options, 'Female' and 'Male'.

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'Gender identity' and 'gender' are not protected characteristics under the Act and are not defined in the Act. 'Female' and 'Male' are the correct options for asking about the applicant's sex.

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You then ask, "Is your gender identity the same as the sex you were assigned at birth?"

Again, 'Gender identity' is not a protected characteristic under the Act and is not defined in the Act.

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Neither sex nor gender is 'assigned' at birth: sex is observed and recorded and is immutable.

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In another job application, the form titled, PROTECTED CHARACTERISTICS MONITORING FORM, asks for, "Sex/Gender Identity" with the options 'Male' and 'Female'.

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college.police.uk/About/Work-for…

Despite the title of the form, 'Gender identity' is not a protected characteristic under the Act & is not defined in the Act. Sex is the protected characteristic & the only two possible options for sex are 'Female' & 'Male' as defined in the Act and consistent with biology.

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Asking about a personal characteristic such as 'gender', 'gender identity' or a medical intersex condition that is not a protected characteristic under the Act, may be in breach of the GDPR by processing personal data without a lawful basis.

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Language and meaning of words are important and proper use & understanding of terms is vital so that the public is aware of what rights they have and what your duties are. Any confusion or inconsistency over meaning may prevent people from accessing their rights in law.

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Will you undertake to correct these errors and to review all your other policies, documents, reports, etc to ensure compliance?

Please respond.

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@CollegeofPolice Sorry, missing screenshot: