I note the 'Equality & Diversity Monitoring Information' section of your job application talks about being 'committed to promoting diversity and inclusion'.
1/17
The purpose of this form is not entirely clear but as it is a part of your job application process, I assume its purpose 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.
The terms 'Gender fluid', 'Non-binary', 'Other' and 'Prefer to self-identify' are not valid responses to the protected characteristic of sex and are not used or defined in the Act.
7/17
You then ask, under the same heading of 'Gender Identity', "Is your gender identity different to the sex you were assigned at birth?"
8/17
Again, 'gender identity' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.
9/17
Neither sex nor 'gender' nor 'gender identity' is 'assigned' at birth: sex is observed and recorded and is immutable.
10/17
Equating 'gender identity' with sex is meaningless and relies 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.
11/17
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.
12/17
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 identity' 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
14/17
If you choose to discriminate on characteristics (such as 'gender identity') that are not protected characteristics under the Act, you may inadvertently indirectly discriminate on protected characteristics.
15/17
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.
16/17
Will you undertake to correct these errors and to review all your other policies, documents, reports, etc to ensure compliance?
The purpose of this form is not entirely clear but as it is a part of your job application process, I assume its purpose is to help you to ensure that you are recruiting without unlawfully discriminating under the Equality Act 2010.
The purpose of this form is not entirely clear but as it is a part of your job application process, I assume its purpose is to help you to ensure that you are recruiting without unlawfully discriminating under the Equality Act 2010.
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.
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.
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.