Do not make amendments to the Equality Act on the current definition of sex - Letter to Kemi Badenoch

Kemi Badenoch
Secretary of State for the Department of Business and Trade, and Minister for Women and Equalities
House of Commons
London
SW1A 0AA

CC: Baroness Kishwer Falkner of Margravine, Chair of the EHRC
 

Dear Secretary of State,

The EHRC response to Government’s request for advice on amendments to the Equality Act on the current definition of sex.

I am writing further to our recent meeting, with regards to the recent advice which the Government requested from the Equality and Human Rights Commission (EHRC) on amending the current definition of sex in the Equality Act. The letter from the EHRC suggests that the Government could redefine the protected characteristic of ‘sex’ to ‘biological sex’.

There is no evidence that this change is needed. The existing act already has clear provisions for meeting the needs of multiple groups, as set out in the EHRC’s own guidance.

We understand this advice has no legal standing, but if this advice was enacted it would impact trans people who make up just 0.2% of the population, a minority group whose lives would be drastically affected by such a change.

The advice as sought by the Government, if enacted, could significantly set back our hard-won equality gains. It would mean that trans women would not be entitled to make equal pay claims, use appropriate toilets in the workplace, or make sex discrimination claims. This would remove the ability of trans people to gain legal recognition of their gender identity. 

One in four British people is close to a trans person – trans people are our friends, our family members, our neighbours – and our trade union members.

It is crucial that trans and non-binary people continue to be protected at work and beyond, and the trade union movement urges you in the strongest possible terms not to act on this advice.

Thank you again for our recent meeting and I will be in touch soon to follow up on other issues.

I look forward to hearing from you.

Yours sincerely,

Paul Nowak

General Secretary
TUC