Thread by @zeno001

Hi @nmcnews

The Equality and Diversity section of your job application form asks, "Please indicate your gender" and includes the options, 'Male', 'Female' and 'Self-identify'.

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'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

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Sex is the protected characteristic and the only two possible options for sex are 'Female' and 'Male' as defined in the Act and consistent with biology and there is no way of 'self-identifying' one's sex.

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You then ask, "Do you consider yourself to be trans?"

'Trans' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

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You give your definition of the term 'trans' and include the phrase, 'the sex they were assigned at birth.'

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

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However, if midwives registered with NMC are given training in 'assigning sex at birth', please provide a copy of the standards you require of them to carry out this critical function as I can't find them on your website. Please consider this a valid request under the FOIA.

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I note that your Standards of proficiency for midwives gives a definition of 'woman' saying that 'woman' includes those 'whose gender identity does not correspond with their birth sex or who may have a non-binary identity'.

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nmc.org.uk/standards/stan…

Since sex is immutable, the modifier 'birth' is unnecessary and 'woman' is not an identity.

However, can you say how many non-female persons who are pregnant or
having a baby your midwifery registrants are likely to come across in their work?

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Asking about a personal characteristic such as 'gender' 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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