Equal regulators in the UK are expected to succumb to demanding more time to consider formal guidance from the Supreme Court’s ruling on gender issues, after sources called strong opposition from employees and stakeholders.
Some insiders believe that the Equality and Human Rights Commission (EHRC) may be forced to turn around to its initial response, criticized as being too literal to define how organizations should respond to court rulings that the “woman” in the Equality Act refers only to a biological woman.
The EHRC's interim recommendation nine days after the Supreme Court's ruling stipulates that transgender people should not be allowed to use the gender toilets they live in, and in some cases, they cannot use their birth toilets.
The Transgender Support Group has reported to the guardian that employers have asked transgender personnel to use different facilities, in many cases, to cause trouble and drive them to colleagues.
EHRC chairman Kishwer Falkner said the watchdog was intended to formally respond to the ruling — the latest code of practice for organizations trying to interpret the Equal Act — was ready in the summer, with only two weeks to submit opinions on how it works.
Last week, the House of Commons Women and Equality Commission (WEC) wrote to Mrs. Forkner, requesting it to be extended to at least six weeks, and urged the process to not ignore the needs of trans people.
EHRC insiders said the committee will agree to a six-week consultation and that the final code of practice may be withdrawn from the interpretations prescribed in interim guidance and media comments published by Falkner.
Sources say there is particular concern about how Falkner and her team of commissioners (except one appointed by the Conservative government) can justify their position when asked by WEC next month.
An EHRC source said there was a great upset among staff about temporary guidance and its temporary guidance before April 25 and its way of drawing it.
They said: “Most people, including some pretty seniors, don’t know that temporary guidance is only released Friday night.
“They woke up with text messages from family and friends saying, ‘What happened?’ The staff who were engaged in sexual behavior and gender issues have not been informed yet, but the press staff who should be interpreted to the media have not.
“It’s understandably a fairly inclusive workplace with a lot of employees having trans friends and even partners. They suddenly have to try to explain this guidance, which makes no sense.
"The fightback is really powerful. Some stakeholders say they can't work with us anymore. A large number of employees say they are looking for other jobs. The chair and senior leadership approach is really secret and paranoid."
The guardian learned that at the latest EHRC full-staff meeting - a regular event that did not specifically discuss the ruling - employee issues about Falkner, CEO John Kirkpatrick's concerns about interim advice dominated.
In particular, staff expressed concern about the imperatives in the Supreme Court’s judgment, not to regard the ruling as a victory for “either party” and called on the committee to be clearer about its initial confirmation that it remains committed to protecting trans people from discrimination.
On Tuesday, a lawyer from the leading advocacy group translucent wrote to the EHRC, warning that Falkner's statements were biased to undermine the results of the consultation.
In a letter from the trans-party WEC, asking the committee to extend the advisory schedule, its chairman Sarah Owen said many trans people were "anxious and unsure where the ruling stayed".
The letter was sent on behalf of the entire committee, asking Forkner to provide information on several key points, including: “What steps will the EHRC take to ensure that the Code of Practice supports the rights of all persons (as stated in the Supreme Court judgment).
Contact EHRC for comment.