Thread by @zeno001

Hi @northumbriapol @NorthumbriaPCC

The Equal Opportunities section of your job application lists the protected characteristics under the Equality Act 2010 but it uses the term 'Sex Equality' when the correct term is 'Sex'. It also mentions positive action under the Act.

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You then ask for the applicant's 'Gender', including the options 'Male', 'Female' and 'Prefer to self describe'.

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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 - 'self describe' is not a valid option.

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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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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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Can you explain how you meet the Positive Action requirements under s.158 and s.159 of the Act if you are using terms for protected characteristics that are not defined and not used in the Act and asking for personal information that is not a protected characteristic?

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Can you also explain how you will meet your Public Sector Equality Duty given these errors and your use of incorrect terms and how you know whether you have met it in the past given your data could have been corrupted by those who didn't provide their sex?

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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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