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Feminism: Sex and gender discussions

EHRC Section 23 Orders - to help organisations comply with EA2010

10 replies

BellaAmorosa · 06/02/2023 16:35

I had never heard of these Orders. Could be a method of enforcing equality law compliance without the expense of going to court.

They say:
We are a prescribed whistleblowing organisation, so if an employee has information that their employer is breaching equality law they can report their concerns to us.

www.equalityhumanrights.com/en/our-work/blogs/using-section-23-agreements-help-organisations-improve-their-approach-equality?utm_source=Twitter&utm_medium=social&utm_campaign=Orlo

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BellaAmorosa · 06/02/2023 16:38

I've skimread and so far I'm not sure if their remit covers all equality legislation or just the EA2010. The language suggests yes in some places, but I haven't found anything that says so in terms. But still, could help a lot of women who are having issues at work.

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BellaAmorosa · 06/02/2023 17:57

cheeky bump

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HipTightOnions · 06/02/2023 18:12

Thank you Bella, this is potentially very helpful!

BellaAmorosa · 06/02/2023 18:38

HipTightOnions · 06/02/2023 18:12

Thank you Bella, this is potentially very helpful!

I do hope so. So many threads on this board are concerned with policies or problems in the workplace (pronouns, toilets, training courses, etc). Basically all you have to do is provide credible evidence of possible breaches of EA2010 and the EHRC take it from there. Much less daunting than a Tribunal and you don't have to take on your own HR department personally or put your head above the parapet (unless it's such a small workforce that you would out yourself anyway). More people need to know about this route to fairness.

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BellaAmorosa · 06/02/2023 20:53

I wonder if this sort of thing might be tackled by a section 23 order - female changing room marked female but actually mixed sex, Pure Gym insisting that changing rooms are single sex even though they are "gender-matched".

twitter.com/kathrynhall_/status/1622299586445328385

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JacquelinePot · 06/02/2023 21:18

Very interesting

DrDinosaur · 06/02/2023 22:22

This is also interesting:
www.dailymail.co.uk/news/article-11708131/Gender-neutral-toilet-favourable-men-says-judge.html

IANAL, but could it be generally indirect sex discrimination to NOT provide single sexual facilities as failure to do so impacts women more than men?

ArabellaScott · 06/02/2023 22:39

ooh. Thanks OP

BellaAmorosa · 06/02/2023 22:47

DrDinosaur · 06/02/2023 22:22

This is also interesting:
www.dailymail.co.uk/news/article-11708131/Gender-neutral-toilet-favourable-men-says-judge.html

IANAL, but could it be generally indirect sex discrimination to NOT provide single sexual facilities as failure to do so impacts women more than men?

IANAL either, but my guess would be yes - indirect discrimination. Another judgment - in the Employment Appeal Tribunal - Earl Shilton Town Council v Miss K Miller found that there was direct sex discrimination because of women having to use mixed sex toilets which meant they had to pass urinals.
I'd love someone to contact the EHRC about all those theatres and museums and galleries etc changing their toilet provision from single sex to mixed sex.

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BellaAmorosa · 06/02/2023 22:49

Ha! It's the same case!
😂😂

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