Northern Ireland equality watchdog preparing new guidance on trans rights
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The Equality Commission for Northern Ireland has said it is developing new guidance for employers and service providers following a UK Supreme Court ruling on the definition of “woman” in British equality law.
The UK’s top court ruled earlier this month that the term “woman” as it appears in the Equality Act 2010 refers solely to persons who were born female and does not include transgender women.
The 2010 Act does not apply in Northern Ireland, but the Equality Commission previously said it believes the judgment is “likely to be deemed by our industrial tribunals and courts to be highly persuasive and, consequently, it is likely to be followed in cases where similar issues arise”.
Great Britain’s Equality and Human Rights Commission (EHRC) published an interim update on Friday evening which sets out its view of how the ruling affects workplaces, services that are open to the public, sporting bodies, schools and associations.
The Equality Commission for Northern Ireland has not published a similar update, but has said it is working on new guidance which it expects to be published in June.
A spokesperson said: “Following the recent Supreme Court judgment, we advise all employers and service providers, and public bodies, to review any policies that the judgment may impact on.
“As always, we encourage employers and service providers to come to us for advice relevant to their particular circumstances.
“We are currently developing formal written guidance on this issue and we anticipate this will be published in June.
“It is also important to remember that everyone has rights under equality law not to be harassed or discriminated in their employment, or when they are accessing many services and to be treated with respect as they go about their lives.”
The Good Law Project, headed by English barrister Jo Maugham KC, has said it believes the UK Supreme Court ruling “has placed or revealed the United Kingdom in breach of its obligations under the Human Rights Act” and has so far raised raised over £210,000 to finance new legal proceedings.
“We believe the UK is now in breach of its obligations under the Human Rights Act and the European Convention of Human Rights and we plan to ask the High Court for a declaration of incompatibility,” it said.
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