Alan Henness Profile picture
Sep 14, 2020 11 tweets 4 min read Read on X
Hi @closethepaygap @EHRC @EHRCChair @RJHilsenrath @trussliz @GEOgovuk

I note you work "on women’s participation in the labour market".

The Equalities monitoring form in your job application asks for the 'gender' of the applicant...

storage.googleapis.com/elasticsauce.a…

1/10
... with the options:

Man
Woman
Non-binary
Other

2/10
'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

legislation.gov.uk/ukpga/2010/15/…

3/10
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 - 'Other' and 'Non-binary' are not valid options.

4/10
You then ask about 'Gender identity'.

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

5/10
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 - and potentially Special Category - data without a lawful basis.

6/10
If you choose not to gather data on specific protected characteristics (such as sex), you cannot have the information required to ascertain whether or not you could be discriminating on protected characteristics in recruitment. This could be vital in an employment tribunal.

7/10
If you choose to discriminate on characteristics that are not protected characteristics under the Act, you may inadvertently indirectly discriminate on protected grounds.

8/10
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.

9/10
Will you undertake to correct these errors and to review all your other policies, documents, reports, etc to ensure compliance?

Please respond.

10/10

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@LabourMercedes Hi @LabourMercedes

That @ons page clearly relates to the United Nations goals on sustainable development and does not relate to the monitoring of the protected characteristics under the Equality Act 2010 for the purposes of discrimination in employment...

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Hi @RASASHighland @GgwenyG @EHRC @EHRCChair @RJHilsenrath @trussliz @GEOgovuk

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rasash.org.uk/admin/js/libs/…

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Hi @CIPD @EHRC @EHRCChair @RJHilsenrath @trussliz @GEOgovuk

In your job application for your Diversity and Inclusion Lead position, you ask for the 'gender' of the applicant with options

Male
Female.

1/9
'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

legislation.gov.uk/ukpga/2010/15/…

2/9
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.

'Gender' is not a synonym for sex.

3/9
Read 10 tweets

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