Hi @EdinburghNapier @ProfAndreaNolan @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Equal Opportunities section in your job application asks for the 'gender' of the applicant, with options:

Female
Male
Unspecified.

cc @dr_ciaran @BBCWomansHour

1/9 ImageImage
'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 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, but you don't ask for that.

legislation.gov.uk/ukpga/2010/15/…

'Gender' is not a synonym for sex.

3/9 Image
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.

4/9
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.

5/9
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.

6/9
Nor is it clear how you can have had due regard to the other duties given the data you have collected.

7/9
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.

8/9
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

9/9

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More from @Sexnotgender_

15 Jan
Hi @HomotopiaFest @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The EQUAL OPPORTUNITIES MONITORING FORM in your job application mentions the Equality Act 2010 but then asks for the 'gender' of the applicant with...

homotopia.net/wp-content/upl…

1/12 Image
...with options:

Man (including trans* men)
Woman (including trans* women)
Non-binary
Prefer not to say
'own term'.

2/12
'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

legislation.gov.uk/ukpga/2010/15/…

3/12 Image
Read 13 tweets
14 Jan
Hi @ASA_UK @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Diversity details section of your job application has what appears to be a partial list of the protected characteristics under the Equality Act 2010. However, it has 'gender' but not sex.

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

Sex is the protected characteristic under the Act, but that is not on your list.

legislation.gov.uk/ukpga/2010/15/…

2/10 Image
You then ask for the 'gender' of the applicant with options:

Female
Male.

3/10
Read 11 tweets
14 Jan
Hi @UWEBristol @VCUWE @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Equality &Diversity Monitoring section of yr job application has 'gender' & 'gender identity' in what appears to be a list of protected characteristics under the Equality Act 2010

1/16 ImageImage
'Gender' and 'gender identity' are not protected characteristics under the Equality Act 2010 and are not defined in the Act.

legislation.gov.uk/ukpga/2010/15/…

2/16 Image
Sex is the protected characteristic under the Act, but that is not on your list.

3/16
Read 17 tweets
13 Jan
Hi @CotswoldOutdoor @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

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

Male
Female
Transgender
Transsexual
Non-Binary

continued...

1/11
...
Non-Binary
Genderfluid
Agender
Bigender
Polygender
Neutrois
Gender Apathetic
Gender not listed.

2/11
'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

legislation.gov.uk/ukpga/2010/15/…

3/11
Read 12 tweets
13 Jan
Hi @NatWestGroup @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

Under the heading of 'Diversity & Inclusion' of your job application, you have a rather odd statement about background checks and then ask, "What is your gender?" with options:

Female
Male

1/8 ImageImageImage
'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, but you don't ask for that.

legislation.gov.uk/ukpga/2010/15/…

'Gender' is not a synonym for sex.

3/8 Image
Read 9 tweets
12 Jan
Hi @UHSFT @uhs_jobs @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Equal opportunities section of your job application mentions the Equality Act 2010 four times and lists sex as a protected characteristic twice.

However...

1/11
However, you then ask for the 'gender' of the applicant with options:

Male
Female.

2/11
'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

legislation.gov.uk/ukpga/2010/15/…

3/11
Read 12 tweets

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