Is my tennis club sexist policy a breach of the Equalities Act?

[Serendipityandmore]

My local tennis club has run annual tournaments since its inception nearly 100 years ago. The annual tournament comprises men's singles, women's singles, and several doubles (mixed, men's, and women's).

Regrettably, this year, the women's singles competition was discontinued, a move that has left many of us feeling disheartened. However, the men's singles competition will continue as planned.

The decision to scrap it was not put to a member vote, there was no consultation, no explanation was offered, and when questioned the Committee didn't answer.

The Club receives funding from the LTA and Sports England, and as such, they are bound by the LTA's Code of Conduct. Unsurprisingly, the Code prohibits discrimination on the grounds of sex or gender.

This new policy that the Club has clearly disadvantages women (biological women and 'trans women' alike).

Are there any legal people on here who can offer an opinion as to whether this decision to scrap the women's competition could be construed as a breach of the Equalities Act?

I agree it is discriminatory and I would be very surprised if they are allowed to do this however it certainly doesn’t discriminate against transwomen who are welcome and eligible in the male category.
I do wonder if it’s an unwillingness to deal with one specific trans player that’s resulted in them withdrawing the women’s comp to avoid the problem

Have they given no reason at all for withdrawing the category - was there a lack of interest for example? Seems odd that they wouldn't attempt to explain.

Possibly discriminatory especially as there was no consultation or even a rationale for the decision. If you joined on the understanding that competitions would be a part of membership then they're no longer providing the service you signed up and are paying for. It gets a bit complicated with private clubs but this is useful.
https://www.stephensons.co.uk/site/blog/employment-law-blog/private-club-society-or-association-discrimination

First of all, it’s called the Equality Act.
Second, transwomen are not disadvantaged as they are men so can take part in the men’s tournament.

I would be curious to know why the Women’s tournament has been scrapped - are there enough women to compete?

Thank you for the response.

I've read the LTA guidance on gender and trans players, and I am not aware that transwomen are allowed to compete in the male category.

The women's category is very well attended and draws more competitors than the men's category. There is a lot of interest. There are 30+ players—more than the men's!

There has been no email, no notice on the notice board, and no consultation, and when I asked the question in the club's WhatsApp group for this year's tournament, the Committee blanked me.

You’re don’t live in Thornaby by any chance, do you?

"First of all, it’s called the Equality Act."

Who cares, you know what is being referred to.

"transwomen are not disadvantaged as they are men..."

Legally, they are women, like it or not.

"...so can take part in the men’s tournament."
I've read the LTA's policy and guidance on gender and trans athletes. Can you link to a source that confirms transwomen are allowed into men's tennis competitions?

"I would be curious to know why the Women’s tournament has been scrapped"

I would too.

"are there enough women to compete?"

Yes, plenty. More on the women's side than the men's.

This is all very odd. Is it a trans issue?
I was in a sports club where there often wasn't a women's annual tournament because of lack of interest, unfortunately.
I got fed up of turning and coming first by default.
But they never cancelled it altogether.
You need to find out why this decision has been made.
If it's as popular as you say, presumably other women want to know too.
Are the committee all men?

"Is it a trans issue?"

That was my first thought, too. The committee is mixed, but a couple rule the roost.

I've asked the question as to why it was cancelled and was blanked. So... sod them. I'm now going to the LTA and Sport England.

Better get the name of the legislation right when you contact them then!

"transwomen are not disadvantaged as they are men..."

Legally, they are women, like it or not

The majority are legally still men however lta accept as the gender they present. It is still possible for a club to feel it very unfair to run a tournament they know a woman would be unable to win due to a decent male player or 2 making the decision that they are a transwoman.

Presumably transwomen could be in the male category just by wearing male clothing and acknowledging their penis ownership?
But yeah, I think it sounds bang out of order. If noone wanted to compete so it was cancelled, then fair enough, but you weren't even asked, and do want to. It's part of the fee you pay, and the funding they receive. Deffo complain.

*"transwomen are not disadvantaged as they are men..."

Legally, they are women, like it or not.*

Not unless they have a GRC. Without a GRC they are legally male, men, and can legally be excluded from the women's competition if it is (1) a proportionate means of achieving a legitimate aim, and (2) they are not being treated differently to a man without the Protected Characteristic of gender reassignment.

The question is, who will shout louder and who will make the Committee more uncomfortable?

Get all the women in your club together, decide that you are actually all trans men and enter the men's competition en masse. Use the men's changing room en masse too, especially when committee members are using it.

I'm the welfare officer at my tennis club. As such I'm responsible for the policy on inclusion and diversity.

My contact in the Lta is the regional safeguarding officer .. so that might be a good place for you to start... the regional safeguarding team provide guidance and templates for our policies They also conduct audits on clubs from time to time where they survey members and seek evidence that the club is being run according to certain standards ... I'm not sure if you can request one but it can't hurt to ask !

I had to contact the LTA some years ago to raise safeguarding concerns on children’s lessons. I have to say that they were absolutely incredible and oh so supportive.

Thanks for the responses.

"The majority are legally still men"

However, the case remains that transwomen, and of course biological or "cis" women are disadvantaged by being deprived of a women's competition whilst men are given the enjoyment of a men's competition.

"It is still possible for a club to feel it very unfair..."

I do not believe that we have any transwoman members or that the decision was made to protect biological women from being forced to compete against biological men who claim to be (trans)women. Although, I understand that it's conceivable a club cancels a tournament for that reason.

But my question is one of law. Could what the club is doing constitute a breach of equality law?

As I said earlier, possibly. Its different depending on whether the club is an association/club or providing a service and I don't know so I can't help with that. However, to test for a general breach of the Act answer these questions.

Have you been treated unfairly?
Yes. Only the women's singles have been affected, not the mens.

Have you been treated unfairly because of a protected characteristic?
Yes. Sex is a protected characteristic. Men have more opportunities to enter competitions than women. Without explanation or justification women's opportunities have been limited.

You would be claiming direct discrimination.

If the courts accept your answers then you've satisfied the first stage. They will then want to know...

Can the tennis club justify their decision?
You don't know because they don't respond.

Can the tennis club prove that their actions were not related to a protected characteristic?
You don't know because they won't respond.

Nor responding is, in itself, viewed very seriously and enough reason to go to court. Cases such as this would be dealt with in County Court but you need to also show that you've attempted to resolve it.

Start by putting something in writing to the management committee asking about the rationale for their decision and take it from there. Give them a deadline to respond by. If you don't get a response or don't like the one you get taking it to county court or complaining to an external body is your next step. Check what complaints the external bodies will accept though because some have restrictions.

Build your evidence.Such as

• Written evidence - a letter to the committee, even if you don't get a reply.
• Numbers of women affected v number of men.
• Demand for the competition
• Historical precedent i.e. Length of time women's singles has run for.

I’d drop it into the WhatsApp. ‘For anyone interested I am chasing with a lawyer and sport England on whether it is legal under the equality act to just dump the women’s comp. We know there are the numbers there, so given I was blanked when I asked
about it and we’ve had no comms on why, it seems discriminatory to me. I’ve got nothing to lose really- I’m a woman so it’s not a tennis club for me anymore if it doesn’t do women’s comps and I’ve only been paying my fees because I was deceived as to the club offerings.’

I agree actually contact them in writing to get your evidence before posting this, then assuming it’s decent evidence drop it in! I see two potential legal failings here- breach of the equality act and charging fees on misrepresented services.
What have other women said? I’d be furious!! You must have spoken to some.

Can you link to a source that confirms transwomen are allowed into men's tennis competitions?

Equality Act 2010 https://www.legislation.gov.uk/ukpga/2010/15/contents

A transwoman is a man with the protected characteristic of gender reassignment. It is therefore unlawful to treat him any differently to men without that protected characteristic - he cannot be excluded from men’s sport because he identifies as his idea of a woman. The fact that a transwoman without a GRC must be considered a man has been confirmed by several court cases including higher courts.

For men with a GRC the Gender Recognition Act s19 makes it clear that they can be excluded from female sport in order to secure fair competition and safety of competitors.

No.

That section is if they do have a GRC.
Ie it is legal to excluded them from a tennis comp even with a GRC.

I think first step I’d write to whoever in the committee is in charge of competitions, and cc in Chair/Club Captain (is there a Lady Captain too) and Secretary, and having done that, I’d quote your earlier post on the Whatsspp group (the ‘reply to’ function) and say I’ve written to the club officers in relation to what I see as the discriminatory and arbitrary cancellation of the Women’s event, seeking an explanation.