Statement From PCS Proud National Committee on the proposed EHRC Guidance
PCS Proud National Committee (PNC) wholeheartedly condemns the draft EHRC code of practice on the EA2010 and calls for its immediate withdrawal. We also call on the cabinet office to withdraw its subsequent guidance to Government Departments.
We believe the code is unworkable in practice. It undermines the basic human rights of not just Trans+ people but anyone who does not conform to very traditional gender stereotypes, and sets some very dangerous precedents through the examples it contains.
Furthermore, we believe the EA2010 already contains safeguards for single sex spaces as Parliament recognised at the time of its passing that those spaces may need protection from individuals wishing to exploit the protected characteristic of gender reassignment and the provisions to ensure personal privacy contained in the Gender Recognition Act. Thus, the EA2010 already allows for the exclusion of a person with the protected characteristic of gender reassignment on a case-by-case basis, and if it is a proportionate means of achieving a legitimate aim.
We are, therefore, deeply concerned to note that the cabinet office has issued guidance to government departments which, in its effects, would appear to forcibly out existing Trans+ staff, remove their safe access to single sex facilities, and assault their right to a private life and basic human dignity. This is when we are unaware of a single incident in any Government Department of a Trans+ person causing a disciplinary issue or committing any sort of offence in single sex spaces. Furthermore, this guidance would clearly impact anyone thought to be trans+ by any other facility user.
At PCS National Conference our union has established, over several years, extensive Trans inclusive policies by overwhelming majorities. This includes this year with the adoption of motion A348. This recognised Trans and non-binary people in their lived gender and committed PCS to defending Trans+ members rights in the workplace in grievances and at Tribunal where rights under the protected characteristic of gender reassignment were engaged. Furthermore, it called for a restoration of the Trans Awareness training course for reps and members. PCS already has policy from 2025 rejecting all forms of biological essentialism through the adoption of Motion A317 that year.
In short, we want to reassure members that the PNC stands ready to work with our union's leadership to oppose any attempt by departments to adopt and implement the cabinet office guidance and/or any deterioration in Trans+ rights in the workplace. We commit ourselves to creating an education package, in cooperation with the NEC, to empower reps across all Government Departments to support Trans+ colleagues in the workplace, and to take grievance and tribunal action where necessary.
To Trans+ and gender non-conforming colleagues PNC recognises these are terrifying times for many and we assure you: you are not alone - we see you, we acknowledge you and we stand with you in your struggle for recognition and your basic human rights. An injury to one is an injury to all. Solidarity.
