Thread by @Sexnotgender_

Hi @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

I note you are advertising for an 'HR Corporate Improvement Manager' and other positions.

equalityhumanrights.com/en/amdanom-ni/…

1/19

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:

equalityhumanrights.com/en/careers/how…

equalityhumanrights.com/sites/default/…

2/19

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.

legislation.gov.uk/ukpga/2010/15/…

3/19

In your application form for HR Corporate Improvement Manager, hosted by @beapplied, it's also refreshing to see you ask for the sex of the applicant with the only two possible options of:

Male
Female

4/19

However, you then ask for 'Gender at present' with options:

Same as assigned at birth
Different to assigned at birth

5/19

As you are well aware, 'gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

legislation.gov.uk/ukpga/2010/15/…

‘Gender’ is not a protected characteristic, admits EHRC

sexnotgender.info/gender-is-not-…

6/19

'Gender' at birth is a meaningless concept and 'gender' is not 'assigned' at birth: sex is observed and recorded and is immutable.

7/19

As you well know, there is a protected characteristic of 'gender reassignment', but the terms you use here are not used or defined in the Act.

legislation.gov.uk/ukpga/2010/15/…

8/19

'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 and concepts that, if relied upon, might compromise your PSED.

9/19

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.

10/19

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.

gov.uk/personal-data-…

11/19

If you choose not to gather data on specific protected characteristics (eg gender reassignment), you cannot have information required to ascertain whether or not you could be discriminating on protected characteristics. This could be vital in an employment tribunal

12/19

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.

13/19

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.

14/19

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

15/19

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.

16/19

I hope you will agree it's you who should set the example here for all others to follow & that you agree with what employment & discrimination law Barrister Akua Reindorf said in her report on the @uni_of_essex and in particular Recommendation 18:

cloisters.com/reindorf-revie…

17/19

I have raised these points before and I'm disappointed you have chosen not to respond to them or address the issues. I sincerely hope you are now in a position to do so.

https://twitter.com/Sexnotgender_/status/1366075731747491844

https://twitter.com/zeno001/status/1277544515210002434

18/19

Will you now 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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19/19