- Title or Description
- Equality Act 2010 - Policies
- FOI Number
- 20250690
- Date Received
- 29/05/2025
- Type of Request
- FOI
- Request or Question
-
I am writing to inquire whether you are fully compliant with the provisions of the Equality Act 2010, particularly in light of the recent Supreme Court ruling in For Women Scotland v. Scottish Government (UKSC16). As you will be aware, the Supreme Court has ruled that the legal definition of woman, within the Equality Act, is based on biological sex. The Equality and Human Rights Commission (EHRC) interim guidance confirmed that if facilities are provided for women these facilities are reserved for biological women.
I would be grateful if you could provide the following information.
1. Previous or Current Service Delivery: Please provide copies of any policies, guidelines, internal memos or external communications that set out the Council?s approach to allowing males who identify as women (either with or without a GRC) to use spaces or services designated as for women. These services can either be commissioned or provided directly by the Council.
2. Policies: Provide a list of all policies and practices that are under review to ensure they align with the Supreme Court?s clarification of the Equality Act 2010 following the For Women Scotland ruling. If no policies are currently under review has there been a decision about when this work will be undertaken?
3. Equality Impact Assessments: Provide a list and copies of all Equality Impact Assessments that are under review to ensure they are in line with the Equality Act 2010, particularly with regard to policies that affect women and sex-based rights.
4. Monitoring and Compliance: What measures are in place to ensure that, going forward, women?s rights are not compromised under any of the Council?s policies once existing policies have been updated to reflect the ruling of the Supreme Court? - Response
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1. From an employment perspective, there is no overarching policy, and any examples are dealt with on a case by case basis. There are adequate facilities within Council Headquarters to allow separate spaces for each sex and also provide spaces for males who identify as women.
2. The Councils HR policies, procedures and guidelines can be found on the Council website. These are reviewed on an ongoing basis. There have been no immediate actions identified but any issues will be picked up in the course of the review programme. Our policies are reviewed on a regular basis and will be further reviewed when the Equalities and Human Rights Commission issue updated guidance. As this information is publicly available we give notice of S25 of FOI(S)A 2002.
3. There are no plans to review our Integrated Impact Assessments in respect of HR policies, which we are content cover the position. Integrated Impact Assessments will be prepared when the review is undertaken following the issue of the new guidance from the Equalities and Human Rights Commission.
4. As above, the position will be monitored and any issues addressed.
