Any organisation considering whether they should stay in the @stonewalluk schemes should consider that they are not in line with the @EHRC employers code of practice.
Why take the risk of signing up to a scheme that is different from the law?
Stonewall tells employers to "acknowledge the limitations of the Equality Act (2010)"
It advises against using language based on compliance with the law saying this is "outdated" and may "cause offence"
Ignore what the law says about protected characteristics says Stonewall guidance
"Gender Identity" and "Gender Expression" are treated as protected characteristics.
They are not.
"Best practice" monitoring is not in line with GDPR or Equality Act
Ignores sex, substitute gender identity
And more confusion and conflation of protected characteristics...
The EHRC said specifically in AEA v EHRC that this is not right.
It can be a proportionate means to a legitimate aim to have facilities which are *single sex* and which do not include people on the basis of gender identity.
No consideration of what this policy means for inclusion of women and girls, including those from faith groups.
"High barrier of proof"... this does not come from the Equality Act.
The Equality Act says circumstances where "a person of one sex might reasonably object to the presence of a person of the opposite sex".
Organisations should take care to comply with the Equality Act... all 9 protected characteristics.
Stonewall guidance does not help them do this and puts them at risk of facing discrimination and harassment claims in relation to other protected characteristics
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BREAKING: The High Court has dismissed the Good Law Project’s challenge to the EHRC interim guidance on single and separate-sex facilities.
Mr Justice Swift endorsed the EHRC update as an accurate statement of the law for employers & service providers.
The update says service providers and employers can only provide lawful separate sex facilities based on sex, and suggested where possible they offer a unisex alternative.
GLP was judged not to have standing as it lacked “sufficient interest”. The anonymous claimants did have standing, and so their substantive arguments were considered.
The government says it has “always been clear” that employers should not wait for the services code of practice and should get on with updating their policies.
But in December, the head of the civil service told us that the Cabinet Office will not withdraw its own workplace policy for the whole of the civil service… until the EHRC’s services code of practice is published.
So across government departments, unlawful policies remain and everyone is “waiting for the EHRC”.
The NHS Confederation (the employers’ organisation for the NHS in England) is also refusing to update its workplace guidance… until the services code comes out.
The judgment in Sandie Peggie vs NHS Fife and Dr Upton has been published.
We are pleased that Sandie Peggie has won her claim of harassment against NHS Fife, and that the hospital trust was criticised for its terrible handling of the complaint against her.
This is a long judgment and it will take time to analyse it fully.
We are disappointed the tribunal sought to reach a spurious “balance” between a woman’s right to undress with privacy & dignity, and the right of an employee w the PC of gender reassignment not to be discriminated against in employment.
Treating "gender incongruence" by stunting children's physical, mental and reproductive development - so they can look better if they transition: its not ethical @wesstreeting
Sex and gender reporting at the BBC is neither accurate nor impartial.
We have been tracking and complaining about this for some time!
There is the endless coverage of drag...
And the Pride boosterism
Meanwhile the Cass Review which reported on the weak evidence for puberty blockers and misguided “diagnostic overshadowing” was largely reported as a problem of under-capacity in NHS gender clinics
It’s been a busy week for media coverage of gender critical legal cases in addition to the Darlington Nurses, with Maria Kelly, Allison Bailey and Sandie Peggie all in the news this week 🧵