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' is not a valid option.
4/13
You then ask, "Is your present gender the same as the one assigned to you at birth?"
5/13
'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.
6/13
Neither sex nor 'gender' is 'assigned' at birth: sex is observed and recorded and is immutable. 'Gender at birth' is a meaningless concept.
7/13
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.
8/13
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.
9/13
If you choose to discriminate on characteristics that are not protected characteristics under the Act, you may inadvertently indirectly discriminate on protected grounds.
10/13
Given these errors and your use of incorrect terms, it's not clear how you can meet your Public Sector Equality Duty or how you have met it in the past given your data could have been corrupted by those who didn't provide their sex.
11/13
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.
12/13
Will you undertake to correct these errors and to review all your other policies, documents, reports, etc to ensure compliance?
Despite my request being valid and meeting all the requirements under the Act and @ICOnews guidance, you refused to provide the information on Twitter, giving an excuse that was, at best, spurious. 2/23
I pointed out that it was entirely possible for you to provide the information on Twitter by replying to my tweet and that that was my preferred means of response. 3/23
My suggestions to @Commonswomequ Committee (chaired by @carolinenokes) questionnaire on where they should start to focus their Violence Against Women and Girls work. This closes tomorrow so get your responses in.
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...
In general terms, the Office for National Statistics say they are responsible for collecting and publishing statistics related to the economy, population and society at national, regional and local levels and...
2/12
@LabourMercedes@ONS ...they also conduct the census in England and Wales every 10 years. None of this concerns the protected characteristics under the Equality Act 2010 or the general or specific Public Sector Equality Duties. They have no legal weight here.
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.