PCS Members and reps will be deeply concerned about the Supreme Court Ruling on Gendered spaces and the Equality Act, and the subsequent interim guidance released by the EHRC last week.

Our response

Straightforwardly, the ruling and the guidance represents an attack on the rights of our trans and non-binary colleagues and the wider community. We know it has emboldened the far-right and created a great deal of fear, confusion and anxiety for our members, and we stand fully with them.

The ruling is wrong, and the interim guidance is unworkable and discriminatory to trans people. The labour movement should oppose it on that basis, legally and industrially in the workplace.

Many will be looking to their unions General Secretary and President to provide such assurances. Regrettably this has not been the case.

Colleagues may have read with disdain the statement that’s been put out on behalf of the President and the General Secretary.

In the very short statement, they outline that the union will be “reviewing its policies and practices to ensure they remain legally compliant” and refuses to say that the union opposes the law.

It is a very basic trade union tradition, repeated at key points throughout history, that if a law or ruling is judged to be discriminatory to a marginalised section of society or a union membership, then that law shouldn’t be accepted and ‘policies and practices changed’ in accordance with it. It should be straightforwardly opposed.

History is littered with examples. The unions in the deep South who refused to abide by racist Jim Crow laws. To the union leaders of Solidarnosc in Poland who opposed the law banning strikes and independent unions. To the miners of the NUM who carried on the 84/85 strike despite it being ruled illegal by the High Court. The list goes on and on, and all these people were on the right side of history.

Why in this instance, on this subject, does the President and General Secretary break with that tradition?

The law should have been opposed, and the union should immediately be calling for the interim guidance not to be implemented and launch collective bargaining, campaigning and legal challenges to the ruling, in defence of our trans colleagues.

That’s what the unions statement should have said.

And that’s the line that a lot of reps at the grassroots are taking, because we know that our trans friends and members are fearful of policies being introduced by employers who are copying the unions publicly stated example of ‘reviewing their policies and practises’. Unworkable, discriminatory and will cause an increase in the reactionary and violent sentiment towards transpeople.

Once again, on this subject, The President and General Secretary have failed the test. As, regrettably, have the leaderships of other unions.

What can we do?

Rank and file reps from across the movement are coming together to organise. We hope reps reading this will join in that work. But also ensure we take this message to the union annual conference at the end of the month. We will be supporting Emergency Motions containing this position and will ensure that despite Left Unity equivocation, this voice is heard and supported.

 

Finally, members can have their voices heard by voting for candidates in the ongoing NEC elections with a consistent track-record of standing up for trans rights. There are only a few days to get that ballot paper sent back. Please vote for Coalition for Change candidates.