Hi @StaffsPolice @StaffsPFCC @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

The 'Equal Opportunities' section of your job application states that information provided is used for 'monitoring purposes only'. 1/26
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… 2/26
I also note the EHRC guidance on this:

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

equalityhumanrights.com/sites/default/… 3/26
I note you also have a public sector equality duty to have due regard to the need to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Act as well as the other duties of s.149 of the Act.

legislation.gov.uk/ukpga/2010/15/… 4/26
It's good to see you correctly list the protected characteristics under the Act including sex and gender reassignment.

You ask for the 'Gender' of applicants with options:

Male
Female
Prefer to self-describe 5/26
'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

legislation.gov.uk/ukpga/2010/15/… 6/26
As female and male are the terms in the Act relating to the protected characteristic of sex, using them for some other question can only be confusing. 7/26
'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. 8/26
You then ask for "Sex (at birth)" with options:

Intersex
Male
Female
Other 9/26
It's good to see you ask for the sex of applicants but the only two possible options for sex are 'Female' and 'Male' as defined in the Act and consistent with biology. Other is not a valid option. 'At birth' is unnecessary as sex is immutable.

legislation.gov.uk/ukpga/2010/15/… 10/26
Intersex is not a sex and those with a Difference of Sex Development are still male or female. It is generally considered derogatory to those with DSDs to consider them not to be male or female.

What is DSD? dsdfamilies.org/parents/what-d… 11/26
I note that the EHRC, in their own recruitment equality monitoring, ask for the sex of applicants with options of female and male. This would appear to be a good model to follow. 12/26
Asking about a personal characteristic such as 'gender' that is not a protected characteristic under the Act, may be in breach of the UK GDPR by processing personal - and potentially Special Category - data without a lawful basis. 13/26
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-… 14/26
If you choose not to properly gather data on specific protected characteristics (eg sex), you cannot have information required to ascertain whether or not you could be discriminating on protected characteristics in recruitment. This could be vital in an employment tribunal 15/26
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. 16/26
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:

cloisters.com/reindorf-revie… 17/26
As you are a @StonewallUK 'Diversity Champion', 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 your relationship with Stonewall. 18/26
You might also like to consider Stephen Nolan and David Thompson's BBC investigation into Stonewall:

bbc.co.uk/sounds/brand/p… 19/26
I also note that Liz Truss has called for all government departments to withdraw from Stonewall’s 'Diversity Champions' scheme and that the EHRC and many other public bodies have announced they have already left:

thetimes.co.uk/article/a49372… 20/26
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.

sex-matters.org/posts/updates/… 21/26
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. 22/26
Nor is it clear how you can have had due regard to the other duties given the data you have collected and not collected. 23/26
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. 24/26
I raised similar issues last year but you did not respond then:

25/26
Will you undertake to correct these errors and to review all your other policies, documents, reports, etc to ensure compliance?

I hope you will be able respond this time.

sexnotgender.info/list

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More from @Sexnotgender_

12 Nov
Hi @euromove @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

The 'Diversity Monitoring Form' in your job application says you "want to create an inclusive environment that supports diversity"...

europeanmovement.co.uk/diversity_moni… 1/21
... and that the information provided helps you "monitor and evaluate its delivery". 2/21
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… 3/21
Read 21 tweets
7 Nov
Hi @marksandspencer @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

The 'INCLUSION, DIVERSITY & EQUAL OPPORTUNITIES' section of your job application says you'll "only use the information to measure how inclusive our recruitment is". 1/24
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… 2/24
I also note the EHRC guidance on this:

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

equalityhumanrights.com/sites/default/… 3/24
Read 24 tweets
5 Nov
Hi @olyduff @theipaper @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

Your job application says you "welcome applications from all qualified candidates regardless of their ethnicity, race, gender, religious beliefs, sexual orientation, 1/25
...age, marital status, or disability" and that you are "committed to diversity and inclusion. The information below is required so that we can monitor the implementation of our equal opportunities policy." 2/25
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… 3/25
Read 25 tweets
30 Oct
Hi @Girlguiding @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

I note you are advertising a vacancy for 'Data Protection Lead'.

girlguiding.org.uk/about-us/jobs-… 1/25
You say "We welcome applicants from all backgrounds and do not discriminate on the basis of age, disability (physical or mental), gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, sex, and sexual orientation." 2/25
Your 'Diversity monitoring form' form says you collect data to help your HR team "understand more clearly who applies for vacancies, and help us to ensure that we are working inclusively." 3/25
Read 25 tweets
29 Oct
The @CPSUK have just announced a new consultation:

Help us improve how we explain our work on rape and serious sexual assault | The Crown Prosecution Service

cps.gov.uk/rasso-feedback 1/4
I'm sure this is much needed but their feedback form asks respondents:

What is your gender?

Male
Female
Identify in another way
Prefer not to say

They don't ask for the sex of respondents. 2/4
This illustrates perfectly the problem our judicial system has with respecting the rights of women and girls. 3/4
Read 4 tweets
25 Oct
Hi @RoehamptonUni @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

The 'Sensitive information' section of your job application says you use the information to monitor "effectiveness of our policies and procedures and how well we meet our legal requirements". 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

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