Help needed - challenging EA10 misrepresentation

[Twoshoesnewshoes]

I work for an NHS trust.
on their policies, they quote the EA10 - however they have removed ‘sex’ and added ‘gender’.

there is no note that this is an amended version, - can someone help me out here? I thought that it’s a legal document so there needs to be a note if it’s adapted?
I want to challenge their policy but also want to be sure of my own points.

thank you!

Try the Sex Matters website. It has a lot of signposts.

The Trust can't change the wording of the EA full stop. Making a note that they have amended it doesn't change that.

And you are correct - the protected characteristic is Sex. If they have Gender Identity in the list that's wrong as well, it should be Gender Reassignment.

Thank you, I’ll have a look

I've put the link to this thread in Women's General Conversations thread, so with luck someone else who can help more will see it.

I have a feeling there may be something useful in the public sector equality duty. Will try to have a dig later.

A policy may be a legal document. It is likely working for the NHS a collective agreement exists so the recognised TU in your work place so management consult the TU on policy wording and the TU agree on behalf of the workforce.

Start by simply pointing out that the policy incorrectly quotes the EA2010 and that sex is the protected characteristic and not gender and please could they correct the policy so it is accurate.

This is useful, especially this bit:

Authorities should take care to undertake their assessment by reference to the protected characteristics set out in the act. They should not use concepts such as gender or gender identity, which are not encoded in the act and can be understood in different ways.

https://www.gov.uk/government/publications/public-sector-equality-duty-guidance-for-public-authorities/public-sector-equality-duty-guidance-for-public-authorities

Aha - you beat me to it. Yes, that's the bit I was thinking of.