Hi @ChildrensComm @rachel_desouza @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

The 'Equal opportunities & diversity Monitoring form' in your job application says "We want to ensure that our recruitment & selection process are fair & equal"

childrenscommissioner.gov.uk/wp-content/upl… 1/20
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… 2/20
I also note the EHRC guidance on this:

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

equalityhumanrights.com/sites/default/… 3/20
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/… 4/20
You ask, "Are you" with options:

Male
Female
Transgender
Prefer not to say 5/20
As female and male are the terms in the Act relating to the protected characteristic of sex, I assume you are trying to gather information on this protected characteristic.

legislation.gov.uk/ukpga/2010/15/… 6/20
The only two possible options for sex are 'Female' and 'Male' as defined in the Act and consistent with biology.

'Transgender' is not a sex and is a term not used or defined in the Act. 7/20
I also 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. 8/20
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.

legislation.gov.uk/ukpga/2010/15/… 9/20
Asking about a personal characteristic 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. 10/20
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.

gov.uk/personal-data-… 11/20
The EHRC state that information about a person's 'transgender status' is Special Category personal information under the UK GDPR. Sex is not, so conflating this with sex may cause issues in processing the information lawfully.

equalityhumanrights.com/en/publication… 12/20
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 13/20
If you choose to discriminate on characteristics (such as 'transgender') that are not protected characteristics under the Act, you may inadvertently indirectly discriminate on protected characteristics. 14/20
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… 15/20
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/… 16/20
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. 17/20
Nor is it clear how you can have had due regard to the other duties given the data you have collected and not collected. 18/20
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. 19/20
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_

23 Nov
Hi @Scotlandteam @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

In your job application, you don't say why you collect "Diversity Details" from applicants. 1/20 Image
As it is a part of your job application process, I assume that - despite its title - its purpose is to help you to ensure that you are recruiting without unlawfully discriminating under the Equality Act 2010.

sexnotgender.info/equality-diver… 2/20
I also note the EHRC guidance on this:

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

equalityhumanrights.com/sites/default/… 3/20 Image
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22 Nov
Hi @rightsofwomen @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

I note your 'Equal Opportunities Monitoring Form' says you are "an equal opportunities employer" & that you use the information "to measure the effectiveness of our procedures"

rightsofwomen.org.uk/wp-content/upl… 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
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Good equality practice for employers: equality policies, equality training and monitoring

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20 Nov
Hi @EssexPoliceUK @essexpfcc @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

The 'Job-Specific Information' section of your job application form says, "We need to monitor all applications to ensure our equal opportunities policies are effective." 1/29
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… 2/29
I also note the EHRC guidance on this:

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

equalityhumanrights.com/sites/default/… 3/29
Read 29 tweets
17 Nov
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
Read 26 tweets
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
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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

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