The 'Preliminary questions' section of your job application says you collect information to 'monitor the diversity of our applicants'.
1/15
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. 'Other' is not a valid option.
'Non-binary' is not a protected characteristic under the Equality Act 2010 and is not used or defined in the Act.
7/15
Intersex is not a 'gender' (or a sex) and those with a Difference of Sex Development are still male or female. It is generally considered derogatory to those with DSDs to consider them not to be male or female.
8/15
'Transgender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.
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.
10/15
The Government provides a 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
12/15
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.
13/15
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.
14/15
Will you undertake to correct these errors and to review all your other policies, documents, reports, etc to ensure compliance?
In your general 'Application guidance' & your specific application guidance for HR Corporate Improvement Manager, you include sex in what is nearly (but not quite) list of protected characteristics under Equality Act 2010:
This is refreshing to see, but you also include the term 'gender'. As you are aware, 'gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.
You don't say why you collect 'Equal Opportunities' information in your job application but I assume its purpose is to help you to ensure that you are recruiting...
Your 'Equality & Diversity Questionnaire' says you use the information provided to monitor and ensure the effectiveness of your commitment to equality and diversity in employment.
1/19
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.
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 'Equal Opportunities Monitoring' in your job application says you use the information "to monitor the operation of the Institute’s Equal Opportunities policies and the effectiveness of advertising"
1/16
I assume you mean its purpose is to help you to ensure that you are recruiting without unlawfully discriminating under the Equality Act 2010.