However, section 5.3. (titled 'Protected characteristics') lists 'gender' as a protected characteristic and cites a World Health Organization definition that highlights it as having a completely different meaning to that of sex. 2/12
Whilst this is interesting, it has no bearing on the protected characteristics under the Equality Act: they are all defined in the Act.
'Gender' is not a protected characteristic under the Act and is not defined in the Act.
You also talk about "sex assigned at birth" but sex is not 'assigned' at birth: sex is observed and recorded and is immutable. 5/12
What is clearly missing from your 'Protected characteristics' section is the protected characteristic of sex - particularly since you correctly included it in your list of protected characteristics in section 4.1. 6/12
Although you have a section on 'LGBTIQ+', LGB usually refer to the protected characteristic of sexual orientation and T, Q and + usually refer to gender identities: you don't have a section on the protected characteristic of gender reassignment. 7/12
The I refers to Intersex but intersex is not a 'gender identity' or a sexual orientation. It is generally considered derogatory to those with a Difference of Sex Development to consider it to be an identity or something they can identify in to or out of. 8/12
You might also like to take note of what employment and discrimination Barrister Akua Reindorf said in her report for the University of Essex and in particular Recommendation 18:
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. 11/12
Will you undertake to correct these errors and to review all your other policies, documents, reports, etc to ensure compliance?
The 'Equal Opportunity' section of your job application says you will use the information "for the purposes of monitoring our equal opportunities policy". 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 'Diversity Monitoring Details' in your job application says you are committed to equal opps & "information will be used for statistical monitoring only"
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.
I note you say "We work with policymakers, employers and employees to influence and enable action to address the causes of women’s inequality at work."
The 'Equalities' section of your job application says you ask for the information to "enable us to recruit in a way that is as inclusive and fair as possible". 3/20
The 'Monitoring Information' section of your job application says that the information "will only be used 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.
"Monitor the workforce composition including ethnicity, age, gender, sexual orientation, religion or belief, and disability to ensure we are representative of our local demographic." 2/20
'Gender' is not a protected characteristic under the Equality Act 2010, is not defined in the Act and was not in your list. Sex and gender reassignment are protected characteristics (as you listed) but you don't commit to monitoring these.