ERCC are advertising a "women only" vacancy - or are they?

[IwantToRetire]

The job ad says:

ERCC operates under a Schedule 9, Part 1 exemption of the Equality Act 2010, which means that all our roles require staff to fall within the legal definition of a woman.

https://www.ercc.scot/get-involved/volunteerjobs/

Why I am dubious is that usually if a job is (biological) women only the advert should not only refer to Schedule 9 etc., but also Section 7(2) e of the Sex Discrimination Act 1975.

And in the past "legal women" was the phrase refering to TW with a GRC or on the route to one.

I almost feel a bit mean being this picky, but given the history of this group and the framework of the political establishment in Scotland, wonder if they are being a bit opaque.

In the application form it says:

ERCC operates under a Schedule 9, Part 1 exemption of the Equality Act 2010, which means that all our roles require staff to fall within the legal definition of a woman.

Please can you confirm that you meet this criteria?
Yes ☐ No ☐

I'm a bit confused.

It doesn't need to refer to the Sex Discrimination Act 1975. That Act has been repealed (see Sched 27 to the Equality Act 2010).

And the legal definition of a woman for the purposes of the Equality Act 2010 is now biological following FWS.

So I think it's all fine.

Well I am just quoting how if not all most ads in the women's sector are advertised.

And as I say the phrase "legal women" is the one used to talk about TW with a GRC.

And you, and I and many others may think the Supreme Court ruling has clarified what a woman is, but as we know the Scottish establishment hasn't accepted it.

So why would you think the group that went out of its way to impose its assertion that TW are meekly following the Supreme Court ruling?!

The Sex Discrimination Act of 1975 was repealed by the EA2010.
The phrase used in the SC to describe acquired gender under the GRA was certificated sex. Not legal sex.

The legal definition of a woman for these purposes is the one in the EA, and the court confirmed sex is biological.
This ad seems fine to me.

A ‘sex-based’ occupational requirement to be a woman under Schedule 9 cannot include transgender women who have not obtained a GRC, as they do not have legal status as women under the Equality Act 2010.

However, Schedule 9 also permits an occupational requirement to exclude transgender persons where it is objectively justified, and this can include those who have obtained a GRC.

EHRC - so how do you advertise if just quote Shedule 9 can have 2 meanings?

And of course this:

A woman who married a man will find herself, after a GRC is issued, married to a legal woman i.e. in a same sex marriage.

"Legal woman" has been shorthand for a man with the protected characteristic of gender reassignment.

So at the very least a confusing way of advertising.

And I dont trust them!

It says "fall within the legal definition of a woman" not "legal woman".

Well this is as much about me as being suspicious.

And genuinely whether this group advertising or anyone else, it might be useful to have an explanatory note!

FWRers probably have a more detailed knowledge than others, so not sure that everyone would understand it as you say it should be understood.

Especially when politicians in Scotland and challenging to Supreme Court ruling.

Well considering sandy brindley is still the head of rape crisis Scotland and has been able to get off Scot free from the absolutely dreadful situation that occured on her watch at ERCC then I seriously don't trust them as far as I can throw them. Duplicitous, insidious handmaidens.

A ‘sex-based’ occupational requirement to be a woman under Schedule 9 cannot include transgender women who have not obtained a GRC, as they do not have legal status as women under the Equality Act 2010.
However, Schedule 9 also permits an occupational requirement to exclude transgender persons where it is objectively justified, and this can include those who have obtained a GRC.
EHRC - so how do you advertise if just quote Shedule 9 can have 2 meanings?

That guidance is pre-FWS. Now it only means biological women.

I appreciate responses, and do think it isn't helped by the EHRC still having as guidance for job ads that can discrimiate, the old advice for when a women only vacancy could mean including TW with a GRA, or could mean biological women only.

And have looked at some recent job ads from other women's services and they seem to have all taken to adding in brackets after the job title *female and then quoting the Schedule 9 bit.

But as I admitted, my question was really does anyone belief that the ERCC does genuinely mean and will act on only employing biological women.

Its not just me having doubts about ads in Scotland VAW sector saying they are "women only".

https://news.sky.com/story/rape-crisis-scotland-urged-to-abide-with-uk-supreme-court-ruling-amid-vacancy-for-woman-only-role-13415255

Well, I don't blame you for being suspicious. There's been so much foot-dragging and scrawming around looking for loopholes since the Supreme Court decision.

Agree. Women have been burned by weasel words before. I guess we can only watch, wait and shout very loudly if they try to pull a fast one.

If pro-trans rape crisis centre can accept the gender judgment, why can’t the SNP?
Article in the Telegraph https://www.telegraph.co.uk/politics/2025/08/21/edinburgh-rape-crisis-centre-gender-ruling-snp/

Also in full at https://archive.is/IHnGx