FOI23/24 157 Inclusion Policy and Equality Impact Assessment
FOI reference: 23/24 157
Date received: 27/02/2024
Date responded: 20/03/2024
Information requested
I would like to submit some more FOI questions. This is because I find your response to my questions very legally confusing.
You have stated that separate toilets are available for men and women. This contradicts your trans inclusion policy that states that staff can use any toilet that matches their gender identity. It makes no mention of GRCs. It is a myth that employers can't ask to see a GRC. It is essential to know your legal duty towards them. This would therefore make these toilets mixed sex toilets that wouldn't comply with the regulations. It would only be the accessible toilets that would meet the regulations and it seems you do not have enough of these to meet the regulation requirements.
This is because the legal definition of woman is an adult female or a male with a GRC stating female. The legal definition of man is an adult male or a female with a GRC stating male. However it looks like you are allowing people without GRCs to use toilets for the opposite biological sex. You are operating on the basis of self ID which is not law and it looks like you are breaching health & safety regulations.
Can I ask if the authors of the trans inclusion policy took any legal advice when writing it?
Can I ask if you consulted with all your staff members before making this decision?
Did you carry out any quality impact assessments on how this may affect the privacy and dignity of females or religious members of staff?
Response
Can I ask if the authors of the trans inclusion policy took any legal advice when writing it?
No specific legal advice was taken in the development of the policy. However, a Trans Policy template was used from Brodies, our legal provider.
Can I ask if you consulted with all your staff members before making this decision?
This policy was developed in consultation with SQA’s recognised Trades Unions, Unite and Unison, and with Employee Network groups. These included, the Women’s Network, Appreciate Culture and Ethnicity Network, the Rainbow Network and the Disability Network.
Did you carry out any quality impact assessments on how this may affect the privacy and dignity of females or religious members of staff?
An Equality Impact Assessment was completed that considered all protected characteristics. A copy of the Equality Impact Assessment, entitled Gender Identity and Transitioning is available in the document.