Impact assessment

[DefinitelyNotMe]

After some advice from the experts :)

Our organisation recently implemented a self ID policy, I believe following advice from Stonewall. I wasn’t aware of this, and only found out after an event Gendered Intelligence were at.

We are a large, multi cultural organisation, with a large number of visitors staying for a few days to a few years, and we operate 24 hours.

As far as I can tell there has been no assessment of the impact on women, or indeed on any of our staff or visitors. I asked what would happen if anyone objected, and was told it would be dealt with on an individual basis with line management and HR, which sounds aw

I am seeing the CEO next week and would like to raise this with him discreetly. My ideal outcome isn’t that the policy is changed necessarily, but that the impact on women and other groups have an opportunity to raise any concerns.

Good luck. Tread carefully as you may be asked to reeducate yourself. Listening to peoples views seems to be a bit of doublespeak for tell us your concerns and we shall ignore them. Hopefully it is not going to be like that for you.

If I was CEO I'd want to be very sure no law was likely to be broken...

I'm sure someone will be along soon with more specific I go on that.

Facts though over feelings is likely to be the best route. "Women's voices haven't been heard" isn't so useful, especially if the change has already been implemented: what would the point be in speaking up?

I'm so bloody fed up of this.

*info

Is it public sector? If so they are bound by the public sector equality duty and must assess the impact of policies on protected groups.

If not public sector, I would play up the possibility of sex discrimination claims. If the policy adversely impacts women (which it will and you can give examples of this) then they are opening themselves uo to sex discrimination claims. Then you can suggest alternatives that respect everyone’s right to privacy etc. Give CEO solution as well as explaining problem.

Worth looking at Fairplay for Women's website as they will likely have relevent legal information there.
It may well be worth contacting them and WPUK.

The Equality Act 2010 informs all diversity and inclusion policies.
There are 9 protected characteristics.
Sex is one & 'gender reasignment' is another (not gender / gender identity)
Religion is another which is relevent to this policy.

As a starting point, check the D&I policy. Many have misquoted the law which of course then may influence policies which follow.

There are some good examples of how local authorities were politely challenged about their misquoting the Equalities Act on the WPUK page. The vast majority corrected.

womansplaceuk.org/grassroots-womens-pressure-forces-local-authorities-to-comply-with-the-law-over-sex-and-gender/

some recent examples where Diversity and Equality policies have been corrected so that they are in line with the law:

Action for Children
www.mumsnet.com/Talk/womens_rights/3404539-Major-childrens-charity-Stonewall-Mermaids-and-gender

Shelter
www.mumsnet.com/Talk/womens_rights/3385917-Well-done-Shelter-lets-hope-the-rest-follow

Club / company
www.mumsnet.com/Talk/womens_rights/3410237-Help-please-club-constitution

organisation
www.mumsnet.com/Talk/womens_rights/3368082-Small-victory-and-Thank-you

i second going with facts over feelings, particularly if you can demonstrate that they're breaking health and safety law regarding single sex toilets for example

and kudos to you for being brave enough to raise this

Politely ask whether they conducted an impact assessment, and ask to see it if so. Ask whether there was any consultation with staff about this policy. Calmly state that it is important that the needs of all groups are considered. Make them aware of the exemptions in the Equalities Act 2010 that enable them to maintain single sex services, spaces and facilities. You could ask them where there was a need demonstrated for this policy, and what evidence it was based on.

Point them to the recent Govt enquiry into the Equality Act;
Several organisations report that people often lack the resources to complain or follow through with legal action, employees often believe that having such a complaint on their record would have a negative effect on their career prospects.

www.parliament.uk/business/committees/committees-a-z/commons-select/women-and-equalities-committee/inquiries/parliament-2017/enforcing-the-equality-act-17-19/publications/

data.parliament.uk/writtenevidence/committeeevidence.svc/evidencedocument/women-and-equalities-committee/enforcing-the-equality-act-the-law-and-the-role-of-the-equality-and-human-rights-commission/written/91167.html

It is not acceptable to break the law, remove a persons rights and force them to complain. That's not how reputable organisations work.

It may be that the company self-id policies were conceived in good faith earlier in the year (see SwimEngland / Girl Guides etc).
It is significant who the advisers are, when they are lobbyists.

James Kirkup collated thread (linked doc includes evidence):

"Some facts about the events that preceded the Government statement here that the coming consultation on the Gender Recognition Act will be narrowly drawn and not affect the Equality Act’s single sex exemptions.

I offer these facts because some are claiming “there was never any question of removing/amending EA exceptions.” Those claims are either mistaken or dishonest.
August 2015
Stonewall submission to the Women & Equalities Select Committee says MPs should amend the EA to
“remove exemptions, such as access to single-sex spaces”

Jan 2016
Women & Equalities Committee says EA should be amended so that

“occupational requirements provision and / or the single-sex / separate services provision shall not apply”.

July 2016
Govt response to W&E Committee says: “we agree with the principle of this recommendation” on EA exemptions and seeks evidence for “future policy discussions”

July 2017
Govt promises GRA reform “ as part of a broad consultation of the legal system that underpins gender transition.”

July 2017
Stonewall commits to “advocate for the removal” of EA provisions allowing sex-based discrimination.

June 2018
Govt says:

“We are clear that we have no intention of amending the Equality Act 2010, the legislation that allows for single sex spaces.”

In sum: MPs and others told govt to amend/remove Equality Act single-sex exemptions. Govt considered doing so. Then govt ruled it out. / ends"
threadreaderapp.com/thread/1004635839480164352.html

We are public sector.

Equality Act!

See Cambridge Council /Anne Sinnott and Sarah Brown threads

We are public sector. This is all really helpful, thanks everyone. I am lucky, I have a very supportive line manager and he has agreed he will back me up. I am seriously thinking about offering myself up for re education :)