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.
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.
'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
There is a protected characteristic of 'gender reassignment', but it is defined in the Act in terms different to those you use here and you don't ask about this protected characteristic.
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. 11/19
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.
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 13/19
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. 14/19
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:
You might like to note what Reindorf also said about the relationship with Stonewall in Recommendation 28 of her report. You might also wish to consider the 'benefits and disbenefits' of any relationship with Stonewall. 16/19
I would also suggest you read this report that highlights the risks and dangers (both reputational and legal) of relying on and processing inaccurate, misleading or downright wrong information about protected characteristics under the Equality Act.
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?
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.
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.