Hi @accentureukjobs @AccentureUK @GECCollect @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Diversity section of your job application ask for the 'gender' of applicants with options:

Male
Female

1/8
'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

legislation.gov.uk/ukpga/2010/15/…

2/8
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.

legislation.gov.uk/ukpga/2010/15/…

3/8
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.

4/8
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.

5/8
If you choose to discriminate on characteristics (such as 'gender') that are not protected characteristics under the Act, you may inadvertently indirectly discriminate on protected grounds.

6/8
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.

7/8
Will you undertake to correct these errors and to review all your other policies, documents, reports, etc to ensure compliance?

Please respond.

sexnotgender.info/list

8/8

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More from @Sexnotgender_

29 Nov
Hi @barstandards @networx_recruit @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Equal Opportunities section of your job application for 'Policy Manager, Equality & Access to Justice' vacancy mentions the Equality Act 2010 but...

1/8 Image
...then asks for the 'gender' of the applicant with options:

Male
Female.

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

legislation.gov.uk/ukpga/2010/15/…

2/8 Image
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.

legislation.gov.uk/ukpga/2010/15/…

'Gender' is not a synonym for sex.

3/8 Image
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29 Nov
Hi @NHSEngland @MattHancock @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

In Handbook to the NHS Constitution for England, you frequently use 'gender' in relation to characteristics on which you will not unlawfully discriminate:

1/7

gov.uk/government/pub…
You explicitly state that on one occasion these rights to non-discrimination are as set out in the Equality Act 2010 and imply that's also where the other rights arise from.

2/7 ImageImageImageImage
However, 'gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

legislation.gov.uk/ukpga/2010/15/…

3/7 Image
Read 8 tweets
27 Nov
Hi @CAPSTICKSLLP @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Diversity section of your job application asks for the 'gender' of the applicant with options:

Male
Female
Prefer to self describe

1/8
'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

legislation.gov.uk/ukpga/2010/15/…

2/8
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.

legislation.gov.uk/ukpga/2010/15/…

'Gender' is not a synonym for sex.

3/8
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26 Nov
Hi @Routledge_Socio @tandfonline @informaplc @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Equal Opportunity section of your UK job application asks for the 'gender' of the applicant with options:

Male
Female
Non-binary
Transgender Male
Other.

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 & the only two possible options for sex are 'Female' & 'Male' as defined in the Act and consistent with biology - 'Non-binary',
'Transgender Male' & 'Other' are not valid options

'Gender' is not a synonym for sex.

legislation.gov.uk/ukpga/2010/15/…

3/9
Read 10 tweets
25 Nov
Hi @actnforchildren @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

In the Equality & Diversity Monitoring section of your job application you ask for the 'gender' of the applicant with options:

Female
Male.

1/10
'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

legislation.gov.uk/ukpga/2010/15/…

2/10
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.

legislation.gov.uk/ukpga/2010/15/…

3/10
Read 11 tweets
24 Nov
Hi @TheGPhC @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Equal Opportunities and Diversity Monitoring Form in your job application asks for the 'gender' of the applicant with options:

Male
Female
Non-binary
Other.

surveys.pharmacyregulation.org/s/4ONC6G

1/10
'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

legislation.gov.uk/ukpga/2010/15/…

2/10
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 - 'non-binary' and 'other' are not valid options for sex.

'Gender' is not a synonym for sex.

legislation.gov.uk/ukpga/2010/15/…

3/10
Read 11 tweets

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