reactiveashley.bsky.social profile picture

Ashleeee 🌊🪭 @reactiveashley.bsky.social

1/🧵 The good people of the Cabinet Office has found a copy of the Department for Education and Employment’s drafting instructions* for the Sex Discrimination (Gender Reassignment) Regulations 1999.

  • the Parly Counsel does vetting only in this case, so the instructions is to DfEE’s in-house lawyers
Please send me copies of the Sex Discrimination Gender Reassignment Regulations 1999’s Drafting Instructions given to the Parliamentary Counsel. If you can’t locate all versions, send me any one of th...

Sex Discrimination Gender Reassignment Regulations 1999 Drafting Instructions - a Freedom of Information request to Government Equalities Office

Please send me copies of the Sex Discrimination Gender Reassignment Regulations 1999’s Drafting Instructions given to the Parliamentary Counsel. If you can’t locate all versions, send me any one of th...

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  4. aidap.bsky.social profile picture

    Aida @aidap.bsky.social

    It's hilarious that wherever you look there is evidence against the FsWS injustice. Almost like it was done by bunch of bigots for purpose of bigotry and not at all the law.

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  6. sylvie-62.bsky.social profile picture

    Sylvie62 @sylvie-62.bsky.social

    Great find :) Pertinent to a future JR if Brenda lays the code and it passes? To a case before the ECtHR?

    Stunning really… UKSC: “Behold our godlike intellects. All those involved with all this are idiots, were deranged” UKG: “Absolutely. Clowns. All of them”

    :(

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  7. reactiveashley.bsky.social profile picture

    Ashleeee 🌊🪭 @reactiveashley.bsky.social

    2/ The instructions are just… fascinating? Well, every piece of public record I’ve uncovered on this subject so far has been fascinating, but this paragraph is exceptional.

    It contradicts the Supreme Court directly, comprehensively, and unequivocally.

    Recognition of the new gender identity following gender reassignment: 6. The Regulations should indicate that, for employment purposes, a person is to be treated as their reassignedsex on completion of gender reassignment, i.e. when he or she is living permanently in the new gender. However, it should be clear that this provision applies only to equal opportunities legislation (i.e. SDA, Equal Pay Act and section 62- 64 Pensions Act). This would then ensure that anysearches carried out by the Police or Prison Service are still subject to the provisions of the Police and Criminal Evidence Act and the Prisons Act, which prohibitsearches by oppositesex. The purpose of this provision is to enable a person who has gender reassigned to have all the protection of the SDA and EgPA. For instance, they should be able to take advantage of a job for which there is a Genuine Occupational Qualification for the new sex. For example, it is envisaged that the provision would allow a suitably qualified male to female transsexual to be able to take up employment in a singlesex women's hospital. They could themselves be treatedas a comparator bya male applicant. There are of course difficulties in determining when gender reassignment is completed. Many transsexuals do not undergo reconstructive surgery; and hormonal treatment will last indefinitely, whether surgery is undertaken or not. The policy anticipatesa point at which a person who has reassigned will be treated as their new sex for the purposes of employment for which there is a GOQ for that sex. In doing so, a distinction will need to be made between those people who are still in the process of reassignment, to whom temporary exceptions may exist in certain circumstances. \t was therefore considered appropriate that this process would “end” on completion of surgery; or, where that is not planned, the end of the two year trial of life test. (During the period of the life test, a person would be undergoing gender reassignment) It…
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