Thelnebriati· Today 11:21
In the Equality Act the cases are types of service provided, not types of individual. So I think the NHS interpretation is wrong.
The explanatory notes make it clear that single sex services are legal and that they can be single sex, not single gender
www.legislation.gov.uk/ukpga/2010/15/notes/division/3/16/20/7
Yes, that is true. That is what Suella Braverman tried to say last summer. That is what the Government response so far to the first 10,000 signatures in the petition says. BUT it doesn’t work because the meaning of sex as a biology rather than a gender is no longer clear.
FWS’s claim was dismissed by Lady Haldane in a judgment published on 13 December 2022. Lady Haldane stated that the meaning of the word ‘sex’ for the purpose of the EqA 2010 ‘is not limited to biological or birth sex, but includes those in possession of a GRC’.
As Dr Michael Foran pointed out giving oral evidence to the House of Commons in January and February along with other lawyers, if a man with a GRC were to be excluded from a women’s prison, he could litigate on grounds of discrimination.
Please look at the OP of this thread which has a link to these discussions including Dr Foran:
www.mumsnet.com/talk/petitions_noticeboard/4758082-petition-to-update-the-equality-act-thread-3
But as if that isn’t bad enough, it appears not to be legal to ask someone if they have a GRC.
In most circumstances it would be inappropriate to ask a person to prove their legal sex by producing a birth certificate or Gender Recognition Certificate, and in some circumstances this could be unlawful.4 Apr 2022
https://www.equalityhumanrights.com › .Protecting people from sex and gender reassignment discrimination^*
In practice that means someone with the much vaguer characteristic of Gender Reassignment in the Equality Act - which can mean almost anything see rapist image below - is treated on their say/so. Stonewall has encouraged this sleight of hand.
Even judges apparently get this wrong: there was the NHS who lost a case last summer brought by a MtF transgender (male by biological sex) using the women’s changing room. The judge treated that person as though they were one of the women even though there was no mention he had a GRC.
Trans NHS worker wins discrimination case after being 'embarrassed' by her boss confronting her over 'concerns' from staff that she was 'naked from the waist down' in shared changing rooms
(Daily Mail 19 July 2022)
The NHS lost the case on grounds of Gender Reassignment Litigation. Many people with legal knowledge on Mumsnet thought the NHS should appeal, but no doubt they lack time and money.
Here is an HR magazine effectively warning organisations.
The trust – which gives staff equality and diversity training – encouraged workers to be respectful to her, however soon after joining she suffered abuse. The transgender woman was asked by her manager whether she wore underwear at work or ‘if she wore it in general’.
The questioning came because there had been ‘concern’ among staff that the transgender woman was ‘naked from the waist down’ in the communal changing room and she had made a ‘light-hearted’ comment about being so hot at work she took her pants off.
Concluding, Employment Judge Sarah-Jane Davies ruled a female manager quizzed her because she is transgender. Judge Davies said: ‘A concern about the woman’s state of undress in the changing rooms was likely to be connected with the fact that she is a transgender woman.
(e.g had a penis -my words see this article for the likely reason for this person being transgender
archive.ph/2023.01.23-005556/www.telegraph.co.uk/news/2023/01/22/britain-becoming-sick-trans-debate-facts-can-cure/)
This was a communal changing room with a shower cubicle. It did not seem to the Tribunal likely that there would have been a concern about a cisgender woman in a state of undress while changing in such a changing room.
‘The Tribunal therefore concluded that [the manager] asked the questions because of a concern that the woman as a transgender woman might be in a state of undress in the female changing room.
(They asked because they were woman of the sex female, and the transgender person was of the sex male. But the judge is saying the Equality Act characteristic of Gender Reassignment makes the male transgender person a woman too - my words and said they wouldn’t have asked a woman that so they were discriminating)
The employee won a claim of gender reassignment discrimination related to the underwear questions.
www.thehrdirector.com/legal-updates/legal-updates-2022/transgender-nhs-worker-wins-gender-reassignment-discrimination-claim-concern-among-staff-woman-naked-waist-changing-room/
So given how institutionally captured or confused even the judiciary
would seem to be, what organisations want to risk litigation?
It does need making clear that when the Equality Act says sex based spaces, or provisions, or associations are allowed as exceptions under the Act, it means sex by biology, not gender.
Nearly about 90,000 people have joined in trying to bring this to the Governments attention with the hope of getting the 100,000 to trigger a debate in Parliament.
This includes Julie Bindel and J K Rowling. If you would like to join us too:
www.mumsnet.com/talk/petitions_noticeboard/4758082-petition-to-update-the-equality-act-thread-3