On 21 February 2023, the Minister for Women and Equalities (MfWE) asked for our advice on the definition of the protected characteristic of sex in the Equality Act 2010.
Section 11 of the Equality Act 2006 allows us to advise the UK Government on the effectiveness of equality law. Our initial response to this request is set out in a letter sent to the Minister on 3 April 2023 and suggests that the UK Government carefully identify and consider the potential implications of this change.
We believe that a change to the Equality Act 2010, so that the protected characteristic of ‘sex’ means biological sex, could bring clarity in a number of areas, but potential ambiguity in others.
Should the Government wish to pursue work in this area, we recommend detailed policy and legal analysis be undertaken, in compliance with the Public Sector Equality Duty and with due regard to any possible disadvantages for trans men and trans women.
We have, and will continue to, welcome feedback and continued open conversation from our stakeholders on this topic, which will continue to inform our position in this rapidly evolving legal and policy context.
The above information is from News from the Equality and Human Rights Commission Newsletter Fri 28/04/2023