Thread by @Sexnotgender_

Hi @StMungos @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Recruitment Diversity Monitoring section of your job application for Women's Strategy Manager - female mentions the Equality Act 2010 but...

stmungos.current-vacancies.com/Jobs/Advert/20…

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... but then asks for the 'gender' of the applicant with options:

Female
Male
Non-Binary
Transgender.

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

legislation.gov.uk/ukpga/2010/15/…

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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.

legislation.gov.uk/ukpga/2010/15/…

'Gender' is not a synonym for sex.

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'Non-Binary' and 'Transgender' are not valid options for sex, they are not protected characteristics and are not used or defined in the Act.

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There is a protected characteristic of 'gender reassignment', but the terms you use here are not used or defined in the Act for that protected characteristic either.

legislation.gov.uk/ukpga/2010/15/…

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I note you say "This information is collected for statistical purposes only, it will not be available to the shortlisting or interviewing panel and will not be used for the purposes of selection and decision making for this role."

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I also note you state you are relying on the single-sex exemption of Part 1 of Schedule 9 to the Equality Act 2010 to require the person appointed to be female.

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However, I cannot see any part of the application where you ask for the sex of the applicant or where you require her to confirm she is female.

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Can you therefore say how you ensure the appointee will be female and how you therefore comply with the single-sex exemption of the Act, on which you are relying?

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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 - and potentially Special Category - data without a lawful basis.

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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

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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.

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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.

sexnotgender.info/list

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