Taylor v Jaguar Land Rover: A landmark case, or losing sight of the landmarks of reality?
The case of Taylor v Jaguar Land Rover has been trumpeted as a “landmark” employment tribunal decision recognising that people who identify as non-binary or gender-fluid can be covered by the Equality Act protected characteristic of “gender reassignment”. The case concerns Mr/Ms Taylor, a man who began to wear women’s clothing to work in 2017…
Losing sight of the law
Last year independent researchers, Kath Murray, Lucy Hunter Blackburn and Lisa McKenzie wrote a paper on policy capture: Losing sight of women’s rights, published in Scotland’s leading journal on current affairs by Edinburgh University Press. It charts how public policy has shifted away from the law to allow people to ‘self identify’ as members of…
On numbers and rights
Numbers of people who fall under different definitions of “trans” are variously expressed as percentages, ratios and absolute numbers – this can make them hard to compare. A small number In the debates leading up to the Gender Recognition Act in 2003 the government estimated that there were around 5,000 transsexual adults in the country…
A good question and a clear answer
This week Shadow Secretary of State for Women and Equalities Marsha de Cordova asked a good question about the single sex exceptions in the Equality Act. Equalities Minister Kemi Badenoch gave a good and clear answer. Providers have the right to restrict the use of spaces on the basis of sex, and exclude transgender people…
Trans healthcare professionals and patient consent
In services where sex matters, there are real practical conflicts between the interests of people who wish to be treated as if they are the opposite sex, and the rights, interests and safeguarding of others. This requires careful and grown up policies, not just a celebration of diversity, backed up by good intentions and hope.…
The authority that regulates security in pubs and clubs says “who needs rules?” when it comes to women’s privacy
Single sex services are about rules. Ambiguity about whether someone has permission to be in a space where someone else is undressing is a recipe for trouble. With clear rules everyone can be treated with respect and kept safe. Rules and policies provide three levels of protection: People are more likely to comply without intervention…
Croft v Royal Mail: between a rock and a hard place
They say “hard cases make bad law“. What little case law there is about single sex spaces and transgender people’s access to them falls into that category. Croft v Royal Mail was an employment case which considered the issue of toilets and changing rooms. It went to the Employment Appeal Tribunal and then to the…
Leading questions from the EHRC
“We need clear conversations and proper debate about what the law and policy actually mean in practice, and what would be the practical effect of any changes – dialogue must be constructive, tolerant and based on the facts. This includes challenging prejudices, calling out abusive behaviour and being open about the rights and needs of…
Getting to clarity on single sex services
“We think there should be guidance providing more clarity on how single-sex services should work in practice to make sure the law is understood by service users and service providers without ambiguity”Rebecca Hilsenrath, Chief Executive, Equality and Human Rights Commission Everyone agrees that clear guidance is needed on the law on single and separate sex…
A mum’s story about single sex spaces in school
This guest post is by @SistaRealista on twitter (it was originally a twitter thread and is reposted here with her permission). This is a story from personal experience about the need for single-sex exemptions under law for certain spaces, and why Self-ID trans ideology can be problematic. It’s about ‘Colin’, a 16 year old boy,…
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