Hi @Place2Be @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk 

The 'Equal Opportunities' section of your job application says the information will be 'used solely for monitoring purposes, to support our focus on diversity'. 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.

sexnotgender.info/equality-diver… 2/19
I also note the @EHRC guidance on this:

Good equality practice for employers: equality policies, equality training and monitoring

equalityhumanrights.com/sites/default/… 3/19
You ask for the 'gender' of the candidate with optins:

Female
Male
Other
Non-binary 4/19
'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

legislation.gov.uk/ukpga/2010/15/… 5/19
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.

legislation.gov.uk/ukpga/2010/15/…

'Gender' is not a synonym for sex. 6/19
'Non-binary' is not a protected characteristic under the Equality Act 2010 and is not used or defined in the Act. 7/19
See also: ‘Gender’ is not a protected characteristic, admits EHRC

sexnotgender.info/gender-is-not-… 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. 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 (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 12/19
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
You might also like to take note of what employment and discrimination Barrister Akua Reindorf said in her report on the @uni_of_essex and in particular Recommendation 18:

cloisters.com/reindorf-revie… 14/19
I note you are a member of Stonewall Children and Young People’s Services Champions Programme. You might like to note what Reindorf also said about the relationship with @stonewalluk in Recommendation 28 of her report. 15/19
You might also wish to consider the 'benefits and disbenefits' of any relationship with Stonewall. 16/19
I also note that @trussliz has called for all government departments to withdraw from @Stonewalluk’s 'Diversity Champions' scheme and that the @ehrc and other public bodies have announced they have already left:

thetimes.co.uk/article/a49372… 17/19
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. 18/19
Will you undertake to correct these errors and to review all your other policies, documents, reports, etc to ensure compliance?

Please respond.

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More from @Sexnotgender_

30 Jul
Hi @TheFCA @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk 

The 'Values and Diversity' section of your job applications says that the information will be 'used only for statistical purposes'. 1/23
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.

sexnotgender.info/equality-diver… 2/23
I also note the @EHRC guidance on this:

Good equality practice for employers: equality policies, equality training and monitoring

equalityhumanrights.com/sites/default/… 3/23
Read 23 tweets
30 Jul
Hi @NERCscience @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk 

The 'Equality, Diversity and Inclusion/Diversity' section of your job applciation talks about 'not discriminating under the Equality Act 2010' and that the information will only... 1/23
...be used to 'monitor the inclusivity of our selection processes.' 2/23
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.

sexnotgender.info/equality-diver… 3/23
Read 23 tweets
27 Jul
Hi @scotpublicappts @scotgov @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk 

The 'Public Appointments Monitoring Form' states 'it is important that opportunities to serve on boards are open to all'.

cc @NicolaSturgeon 1/22
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.

sexnotgender.info/equality-diver… 2/22
I also note the @EHRC guidance on this:

Good equality practice for employers: equality policies, equality training and monitoring

equalityhumanrights.com/sites/default/… 3/22
Read 22 tweets
24 Jul
Hi @cabinetoffice @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk 

I note you are recruiting an EHRC Wales Commissioner and an EHRC Commissioner.

gov.uk/government/new… 1/22
Your 'Recruitment Monitoring Form' says: "The information you provide will help support us to ensure that our recruitment processes are fair to all and allow us to attract diverse and talented candidates" and... 2/22
..."Only be used by the Commissioner for Public Appointments and the Cabinet Office for statistical purposes."

forms.gle/7XkM2hiF9MWveH… 3/22
Read 22 tweets
23 Jul
Hi @macmillancancer @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk 

The 'Equality & Diversity Monitoring' section in your job application says the information "will only be used to provide statistics for monitoring purposes". 1/21
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.

sexnotgender.info/equality-diver… 2/21
I also note the @EHRC guidance on this:

Good equality practice for employers: equality policies, equality training and monitoring

equalityhumanrights.com/sites/default/… 3/21
Read 21 tweets
22 Jul
Hi @UnitedAgents @PhilipPullman @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk 

Your jobs page states:

"We are committed to diverse, inclusive recruitment, regardless of disability, race, age, colour, national origin, ethnic origin, sexual orientation,... 1/9
... gender identity or any other basis."

unitedagents.co.uk/jobs

This is close to being a list of the protected charcteristics under the Equality Act 2010 - the Act that provides legal protections against discrimination, harassment, etc in employment. 2/9
'Gender identity' is not a protected characteristic under the Act and is not used or defined in the Act. and you have omitted the protected characteristics of sex and gender reassigmment. 3/9
Read 9 tweets

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