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AEA’s purpose is to bring clarity and dispel confusion.
‘Individuals who are making or have made a permanent change to their gender must be permitted to use the toilets and changing rooms designated to their acquired gender. It is a contravention of the Equality Act 2010 to force a trans person to use separate facilities.’
That statement is ultra vires (outside of the law) and thereby unlawful. The organisation is legally exposed. The policy misstates the law in a number of ways. The EA2010 protected characteristic is ‘Gender reassigned’. The statement doesn’t differentiate between those with a Gender Recognition Certificate (GRC) and those without. Trans people without a GRC remain their birth sex, those with a GRC are legally designated as the opposite sex. The assertion: ‘It is a contravention of the Equality Act 2010 to force a trans person to use separate facilities’, is incorrect and unlawful. EA2010, Schedule 3, S31, para 28, allows for the exclusion of those without a GRC, and also for those with a GRC, provided it is a proportionate means to achieve a legitimate aim. This permissible discrimination only applies to the protected characteristic ‘Sex’.
AEA’s Consultancy and Training is designed to help you understand the law and fairly balance conflicting rights.