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Feminism: Sex and gender discussions

Equality act misrepresentation- quick question please.

18 replies

GlassBirds · 17/06/2021 10:24

I'm a primary teacher.

I've noticed that we have a poster on protected characteristics in the staff room which lists gender and gender identify as protected characteristics and omits sex and gender reassignment.

A cursory glance of our school policies indicates gender is used throughout in place of sex.

I'm planning on bringing it up with our DHT/Safeguarding Lead today.

Other than the bares bones of the law, is there a quick example of how this would differ in practice I can give if asked why its important or told that it doesn't matter?

I'm anticipating them being open to it but just in case I'm asked.

Thanks

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GlassBirds · 17/06/2021 10:27

Eg am I right in thinking gender reassignment only applies to over 18s so wouldn't be applicable to a primary aged child who 'identitied' differently?

And protection based on sex permits girls to say no to a boy saying he's a girl wanting to use the girls toilets but a protection based on gender (identity) wouldn't?

Just trying to thinknof real.world examples rather I could present if necessary.

Thanks.

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GlassBirds · 17/06/2021 10:30

Tbh, I've been physically criticised by so many men that a compliment would feel unnatural and fake. I'd rather no comment was made.

I don't think a compliment would reassure or flatters me, I'd assume they were just saying it because they knew they were supposed to and thought it likely to get them what they want.

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GlassBirds · 17/06/2021 10:30

Ah sorry, wrong thread!

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SpindleWhorl · 17/06/2021 10:31

The University of Essex report is likely your friend here - the barrister author said the university was exposing itself to potential litigation by misrepresenting the wording of the Equality Act 2010.

The Stonewall training has been misleading on this for years which is why the EHRC and Ofsted, among many, have now pulled out of it.

Stichintime · 17/06/2021 10:32

You lost me on the 3rd message.

GlassBirds · 17/06/2021 10:37

Thank you.

Have ofsted pulled out of the diversity champion scheme?

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SpindleWhorl · 17/06/2021 10:42

@GlassBirds

Thank you.

Have ofsted pulled out of the diversity champion scheme?

Yes, confirmed in May this year I believe. Google 'Ofsted leaves Stonewalled diversity scheme' - sorry I can't link on my device I'm using at the moment.
TeenMinusTests · 17/06/2021 10:45

Do you have rules on overnight trips whereby you have at least 1 male and 1 female member of staff?

If so would it be appropriate for the female to be replaced by a transwoman from a safeguarding point of view? I would imagine not?

Similarly do you separate accommodation by sex for the pupils?

TeenMinusTests · 17/06/2021 10:47

If something went wrong on an overnight trip wrt safeguarding where sexes had been mixed, would the HT & governors be happy to defend their position to the enquiry/local paper as to why they had abandoned standard practice?

Ditto toilets in school.

MouseyTheVampireSlayer · 17/06/2021 10:51

For residentials the risk specific to mixing sex groups is pregnancy from sexual activity. Wanted or otherwise. Although we hope we wouldn't have to consider that in primary, for safeguarding we have to consider all loopholes that pose a risk that leave the school responsible.

You should also point out that by using gender, not sex they risk clashing with other protected groups. I e religion. I'm sure you must have some Muslim girls in the school for example.

EmbarrassingAdmissions · 17/06/2021 10:56

R0wantrees may have useful information here:

www.mumsnet.com/Talk/womens_rights/a4210375-they-can-request-another-space?msgid=106189247#106189247

Ereshkigalangcleg · 17/06/2021 11:00

I think children are probably covered by PC gender reassignment as it doesn't involve a GRC. What they cannot have is the legal fiction of the GRC that they are the opposite legal sex for the purposes of the Equality Act, as as you say, they are too young to get a GRC.

Tanith · 17/06/2021 11:11

So many of us are highlighting this to our relevant authorities and organisations, and Ofsted has now pulled out of Stonewall.

Bearing this in mind, I would imagine Ofsted would take a very dim view of any school misrepresenting the law and will probably be on the lookout for this.

CharlieParley · 17/06/2021 11:22

The protected characteristic of gender reassignment applies to all, children and adults, who propose to, are undergoing or have taken steps to transition. This includes a social transition.

So your pupils are protected under this characteristic of gender reassignment.

The only protected characteristics that do not apply in schools are age and marriage and civil partnership.

However, no child under 18 can legally change sex. So when deciding access to changing rooms or toilets, no child can have a gender recognition certificate and so only has to be compared with a child of their own sex if you want to find out if they're being treated unfairly.

Say your school had a special program designed to keep the oldest girls interested in science, and you had a male child who identifies as a girl saying that its unfair they cannot participate. You would only have to show that all male pupils are excluded, this child is both legally and biologically male, so this is not unfair. (Ideally schools would find a solution that also supports this child, but legally the child cannot insist on joining that program for girls.)

But if the same child comes to you and says the boys are bullying me in the changing room, because of my identity, the school would be discriminating against the child on the basis of gender reassignment if management and teachers insisted on the child continuing to change with the boys. But please note, if the school bans the child from the boys' changing room they would also be discriminating against the child, this time on the basis of sex, because the school is not allowed to ban a male child from facilities provided for their own sex.

If the child then says I want to change with the girls and if the school allowed this male child to change with the girls, they would be treating the girls unfairly because girls have a right to single-sex facilities in school from the age of 8.

That's why the Equalities and Human Rights Commission, who are the organisation tasked with regulating the Equality Act 2010 by the UK Government, published Technical Guidance for schools in 2014 which recommends that the school provide an alternative changing area or an alternative time to change in the boys' changing room for the child (but only if the child does not want to change with the boys). They do not recommend letting a male child change with female children.

This guidance is not legally binding for schools, but could be used in evidence if a claim is brought against a school.

www.equalityhumanrights.com/en/publication-download/technical-guidance-schools-england

Furthermore, neither gender nor gender identity are legally defined terms under UK law and if your school ever had to defend against a claim of discrimination on the basis of sex, the court would take into account that the school did not have any policies in place designed to avoid discrimination on the basis of sex.

I spoke to someone at the EHRC as to whether it was allowed for public sector organisations to simply choose their own wording for the protected characteristics and they said absolutely not. It takes an Act of the UK Parliament to change the wording of the protected characteristics named in the Equality Act and if an organisation does not include the relevant ones, they could be in trouble if anyone brings a discrimination claim.

However, what organisations are allowed to do once they have listed the protected characteristics under the Equality Act 2010 is to add extra characteristics. So you'll find that some include education, class or socio-economic status, nationality etc.

HTH

GlassBirds · 17/06/2021 12:33

Thank you so much that really helps.

Yes, we're primary so residential trips don't apply but it could definitely apply to staff members and toilets.

I'm going to try amd meet with her now.

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TeenMinusTests · 17/06/2021 12:45

Lots of primary schools have residential trips, though I agree risk of pregnancy one would hope wouldn't be an issue.

pollywollydoodler · 19/06/2021 03:18

How did it go @GlassBirds ?

Barheim · 19/06/2021 03:54

@GlassBirds

Eg am I right in thinking gender reassignment only applies to over 18s so wouldn't be applicable to a primary aged child who 'identitied' differently?

And protection based on sex permits girls to say no to a boy saying he's a girl wanting to use the girls toilets but a protection based on gender (identity) wouldn't?

Just trying to thinknof real.world examples rather I could present if necessary.

Thanks.

False, 'gender reassignment' includes any and all people who have plan to, are, or have transitioned in any manner. It does not require medical treatment or medical supervision.
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