Welcome to the third and final part of the series exploring EDI in the workplace. This week covers the final three themes and what is yet to come.

6) Gender Reassignment And Non‑Binary Protections

Tribunals have treated some non‑binary and gender‑fluid workers as protected under the gender reassignment characteristic where they are proposing to, are undergoing or have undergone a process to reassign their sex.

Employer Hygiene Factors

• Update systems to accommodate name or pronoun changes and respect privacy.
• Train customer facing teams on facilities access, records, and pronoun or gender markers.
• Handle conflicts of rights (single‑sex spaces, safeguarding) using evidence‑based and  proportionate risk assessments rather than blanket positions or policies.

NOTE: Debates around Sex, Gender and the beliefs surrounding it all continue to be a political and emotive talking point. It’s important to build a culture where all employees feel respected and supported at work and understand that whilst beliefs are protected, misconduct or harassment isn’t. 

7) AI In Hiring And People Decisions

Growing use of AI tools in recruitment and HR is drawing regulatory attention. Expect scrutiny where automated screening or testing is utilised as it may indirectly discriminate against disabled candidates, based on age and particular ethnic groups.

What To Do Now

• Map where data driven tools influence decisions and conduct Data Protection Impact Assessments (DPIAs) that include equality impacts. It would be wise to conduct a DPIA before the introduction of AI driven tools rather than retrospectively!
• Keep a human option available and offer reasonable adjustments to any AI‑driven tests or selections (especially in recruitment) and retain written explanations of decisions.

8) Single Sex Spaces And Competing Rights

Conflicts over access to single sex spaces and facilities are increasingly surfacing in grievances and tribunals. Public sector bodies in particular will be judged on equality impact assessments, clear policies, and the proportionality of decisions balancing privacy, dignity and inclusion.

What Will Help You

• Keeping clear records of risk assessments and legal bases for decisions.
• Not relying on not having a policy.  Absence of a policy is rarely neutral and can itself create legal risk.

What’s Next?

• Expect the Equality and Human Rights Commission to take a more proactive stance on the harassment duty. Tribunals should start to show how ‘reasonable steps’ are measured in real‑world settings, so keep an eye out for case law.
• More appeals are likely as employers work out what is reasonable when disciplining for views expressed outside of the workplace.
• The upward trend in neurodiversity claims continues, with more detailed expectations around adjustments and manager behaviours.
• Being disciplined with your processes remains the best defence. Have clear policies, robust training, good notes, and early, supportive interventions.

We know that there will continue to be plenty of discussions and debates in the EDI space over the next few years. The government is proposing pay gap reporting (for employers with over 250 employees) looking into disparity between disabled and non-disabled employees and also between those of different ethnicities. There continue to be campaigns in relation to mental health, neurodiversity and the menopause. There are also open tribunal cases in relation to gender expression and discrimination which may impact case law.

It is therefore important to remain informed about what EDI means, both culturally and in relation to in the workplace, that way we can continue to make reasonable and balanced decisions. This ensures that employees feel supported, your business can continue to be productive and you stay on the right side of the legal and moral compass.

We appreciate that it is a grey area therefore feel free to contact us to discuss any concerns you have relating to Equality, Diversity and Inclusion in your workplace.

For support with anything you have read in this mini-series or in relation to Employment Law, please get in touch with us at hello@empowr.uk