The 'Equality and diversity monitoring form' in the job application for 'Head of EDI group programme' mentions the Equality Act 2010 and 'equality and diversity'.
As it is a part of your job application process, I assume the purpose of that form is to help you to ensure that you are recruiting without unlawfully discriminating under the Equality Act 2010.
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.
'Other' and 'non-binary' are not valid options for the protected characteristic of sex. 'Non-binary' is not used or defined in the Act.
'Gender' is not a synonym for sex.
7/17
Intersex is not a sex class and those with a Difference of Sex Development are still considered to be of the male or female sex class. It is generally considered derogatory to those with DSDs to consider them not to be male or female.
8/17
'Gender' and similar terms rely on demeaning, regressive stereotypical notions of societal roles for the two sexes, concepts with which I'm sure you would not wish to be associated.
9/17
You also ask, "Do you identify as Trans?"
There is a protected characteristic of 'gender reassignment', but the terms you use here are not used or defined in the Act.
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.
11/17
The Government provides a handy list of the personal data an employer may hold about an employee without their permission that you might also find useful. 'Gender' does not appear on that list, but sex does.
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
13/17
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 characteristics.
14/17
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.
15/17
I brought similar but different issues to your attention in January and it's disappointing you did not respond to them:
I hope you will respond now and confirm that the new appointee will address these points as a matter of urgency and review all your other policies, documents, reports, etc to ensure compliance?
The 'Diversity Information' section of your job application talks about creating an 'inclusive culture' & that you pass this data on an anonymous & aggregated basis to, eg Stonewall.
1/16
Although not entirely clear, I assume its purpose is to help you to ensure that you are recruiting without unlawfully discriminating under the Equality Act 2010.
I note you also have a public sector equality duty to have due regard to the need to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Act as well as the other duties of s.149 of the Act.
The 'Equality and diversity monitoring' section of your job application states "There are 9 protected characteristics set out by the Equality Act 2010".
However...
1/19
However, you then have 'gender and gender reassignment' in your list.
'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.
The 'Inclusion Monitoring' section of your job application for your Senior Equity, Diversity and Inclusion Specialist vacancy talks about the 'positive value of diversity...
1/15
...promotes equality and challenges discrimination' and your 'Inclusive Employer Action Plan'.
I also note you are a Stonewall Diversity Champion.
2/15
I assume the purpose of this section is to help you to ensure that you are recruiting without unlawfully discriminating under the Equality Act 2010.