The Law Is The Law

Aim

Help AEA bridge the gap!

Help AEA in a time of temporary need.

AEA is a Community Interest Company providing impartial advice and training on equality law, with a specialist focus on navigating an intrinsic clash of interests around single-sex public services and single-sex facilities in employment. Further detail here: https://aealliance.co.uk/

FIVE reasons to donate to AEA. 

1. AEA has provided training and consultancy, including policy appraisal, to several major companies. But only rarely has this led to policy-change. Why?

EHRC’s official guidance on the 2010 Equality Act and single-sex services was unlawful and stood unchallenged for 10 years. Due to AEA’s intervention in February 2021, the guidance was corrected or withdrawn.

Two legal cases clarified the law.

May 2021, AEA v EHRC. “People with a Gender Recognition Certificate can be lawfully excluded from single-sex services. A policy which states that trans persons must be allowed access to the single-sex services of their choice is directly inconsistent with the law.” That statement, by EHRC’s KC [then QC], reflects corrected guidance, as referred to above.

June 2021, Forstater v CGD. Confirmation that gender critical belief (GCB) is included in EA2010 under the protected characteristic ‘Religion or belief’. This impacts single-sex facilities and the use of pronouns in the workplace.

Organisations now have a better understanding of the law; at least theoretically. By the time EHRC guidance was corrected and the law clarified, organisations – misled by unlawful guidance for more a decade – were deeply invested and reluctant to change course. That reluctance continues. Moreover, regardless of clarifications, misinformation continues to be promulgated by vested interests. Small wonder that virtual paralysis is the result. For more detail see this article by AEA Director Ann Sinnott https://thecritic.co.uk/By-Stealth/#

Despite legal outcomes and clarifications, not much has changed on the ground, especially in employment. Further successful legal actions will inevitably lead to greater change but the slow pace is likely to continue – until a tipping point is reached and change cascades. That point is beginning to loom on the horizon but, right now, contracts are thin on the ground; likewise for two sister organisations working in the same field.

In this lean patch, AEA is in temporary need of a helping hand.

2. AEA provides pro bono advice and support to individuals and small enterprises. Sometimes on a one-off basis. Sometimes over a long period of time. Legal action is sometimes an outcome; some examples:

(i) Sexual harassment case. 5-day ‘Litigant In Person’ [without a lawyer] Hearing in the Employment Tribunal. AEA accompanied the Complainant throughout, often spoke on her behalf, helped prepare her cross-examination of the Respondent’s witnesses and wrote her final statement. Outcome: £22k award for damages and loss of earnings. 

(ii) Employment case on grounds of GCB discrimination and ‘Duty of Care’ failure. Advice and support from AEA over several months. Outcome: recently settled for a substantial sum.

Neither case made the news.

(iii) GCB and sexual orientation discrimination in the workplace. Following advice and support from AEA over many months, this ground-breaking case is now in the hands of lawyers. AEA provides ongoing support to this woman and will continue to do so until conclusion. https://www.crowdjustice.com/case/cambs-county-council-discrimin/  

From comments by those we have assisted, we know that AEA’s pro bono service is invaluable. We are happy to meet this need but it is time-consuming and doesn’t bring in revenue. 

With your help, AEA will continue to provide this free service. 

3. It’s a marketing truism that most people need to hear a message repeatedly before they take action. Information received directly, as well as via news outlets, is a critical component in effecting change. With your help, AEA’s third mail-out will be another A5 brochure. Designed to inform, it will include detail on: applicable law, recent legal cases and potential legal jeopardy for organisations.

4. AEA Director Ann Sinnott isn’t paid a salary. Whenever short-term need has arisen, she has provided funds or bridging loans to AEA but is no longer in a position to do so. You can read about her here: https://aealliance.co.uk/about/director/

Hence this appeal for your support. 

5. By design, AEA is a lean organisation with low overheads, so a little goes a long way. Your donation, however small, will help shore-up AEA in this time of temporary need. As conditions change and organisations increasingly understand their legal exposure, demand for AEA’s expertise will rise.

Meanwhile, AEA needs a little short-term assistance.

Your help will be gratefully received and greatly appreciated.

This project successfully funded on 3rd November 2023