Work EDI training

[EnoughPlayingNice]

Online course that I've been putting off for the sake of my blood pressure.

Page 2 : 'Under the Equality Act, trans colleagues are protected to be able to access single-sex facilities that align with their gender identity regardless of transition'.

Sigh.

Not single sex then, is it?

They do at least get the list of protected characteristics right, although 'sex' is footnoted with 'some people may recognise themselves as non-binary, although this is not in the EA'.

they might have got the correct protected characteristics, but they haven't gort the Equality Act right

Can you say who the provider is for this e-learning training course? It seems to me some of this off the shelf training consists of an e-learning company teaming up with activist organisations to produce a pile of … er, questionable claims. One company active in this field is Marshall E-Learning. It’s a small private company (incorporated 2002) but I’ve done their trans training which was full of inaccurate claims and, I thought, very misogynistic. But they must seem like a safe choice for employers.

No idea of provider. It's unbranded.

Perhaps there is a way of finding out? Getting inaccurate training out of the workplace is a huge challenge and the way to do so is exposure & complaints.

I'll ask HR.

I need to email them about the staff survey anyway, which again doesn't collect data on sex, despite my 2 previous complaints.

You may find these guides useful OP

https://www.equalityhumanrights.com/media-centre/news/guidance-published-providers-single-sex-services

https://www.equalityhumanrights.com/equality/equality-act-2010/separate-and-single-sex-service-providers-guide-equality-act-sex-and

Sounds like they've just rehashed some of Stonewall's dishonest 'the law says this' when it isn't true.
IANAL but am absolutely 110% certain that neither 'trans' not gender identity' are protected characteristics and that making workplace toilets that are described as single sex mixed sex is a breach of the workplace toilet regulations.

I expect someone with more expertise than me will come along but these may be of interest
https://www.peoplemanagement.co.uk/article/1822248/considering-legalities-single-sex-toilets
https://www.gov.uk/government/news/all-public-buildings-to-have-separate-male-and-female-toilets

Thanks, @UnWilly and @Chariothorses I'll have a read.

Our workplace loos do at least have nice solid cubicles - although shared handwashing facilities. Not sure what the showers are like, as I never cycle in.

here's a thread about general issues from legal feminist with the Workplace Toilet regulations link and that the current rules are to be amended
https://twitter.com/legalfeminist/status/1699344807083032992
and another business article about it.
https://www.constructionnews.co.uk/government/government-to-outlaw-gender-neutral-toilets-14-08-2023/

Reindorf report has some interesting bits too

"“This policy is founded on an erroneous understanding of the law,” said Reindorf. “In my view the policy states the law as Stonewall would prefer it to be, rather than the law as it is. To that extent the policy is misleading.”

https://www.personneltoday.com/hr/stonewalls-diversity-scheme-accused-of-being-unlawful/

and the Regulations quote from that thread if you have no access to x:

' If you tell your staff they can use any facilities they please, so that the separate men's and women's loos are no longer single-sex, but mixed, you will be breaking the law. See ¶20 of the Workplace (Health, Safety and Welfare) Regulations 1992.'

Perfect! That is exactly what they are saying.

There is also this from the recent Haldane judgement.

Million dollar question.

"Great. That's fantastic for people with TQ+ identities. So what provision will we be making now for women excluded from mixed sex provision due to protected characteristics? Who could sue the ever loving crap out of us as an organisation for discrimination? And obviously we're a lovely, kind inclusive place that does EDI so we're not going to be accessible to some protected characteristics by removing access and equality from others?"

Be warned: the response at this point is usually stammering, shouting, meltdown and flounce. Occasionally you get a flood of quite staggering racism and ableism and discover that they really did think 'inclusion' meant 'do what men with TQ+ identities tell you'. But all of it proves your point.

stammering, shouting, meltdown and flounce

That well known firm of solicitors.

As it will be by email, I'm unfortunately likely to miss most of the drama happening in the HR office on the other end of the wire when I ask Frood's excellent question.

That well known firm of solicitors.

😂

If you get the response that 'well we don't have any bloody inconvenient, unkind wretched heretics women who have that problem' then the answer is, how do you know? And that could change at any time: you cannot reactively fix discrimination after it happens, the duty is anticipatory. You never know if a woman may be on site who has a protected characteristic precluding using a mixed sex space.

You obviously cannot require women to disclose this either in order to be given a resource, because incredibly sensitive data and 'outing', so there has to be clearly labelled provision available that is female only as opposed to gender neutral alongside it.

And obvs if it's in the basement at the back of beyond, we'd obvs have to be careful about claims of less favourable treatment on the grounds of a protected characteristic.