Justify use of Equalities Act 2010 to restrict applications for VAWG Strategy Manager Job to women only

The request was partially successful.

Dear Tower Hamlets Borough Council,

This is an enquiry about your advertisement for the job role of VAWG Strategy Manager with job reference number: CLC00799

I note that you have restricted this pursuant to Schedule 9, Part 1 of the Equalities Act 2010 to female applicants only.

I seek, under the Freedom of Information Act, the Council's legal justification to this.

I note, having read the job description, nothing within it that restricts this post to females only / would prevent a male from carrying out these duties (or ensuring reasonable provisions to ensure that the post satisfies the Equalities Act).

Equalities Act 2010 Schedule 9, P1, as you know, reads:

(1) A person (A) does not contravene a provision mentioned in sub-paragraph (2) by applying in relation to work a requirement to have a particular protected characteristic, if A shows that, having regard to the nature or context of the work—

(a) it is an occupational requirement,

(b) the application of the requirement is a proportionate means of achieving a legitimate aim, and

(c) the person to whom A applies the requirement does not meet it (or A has reasonable grounds for not being satisfied that the person meets it).

Please attach a response with the following:

1. the job description and highlight which areas, in the view of Tower Hamlets Council, satisfies and/or causes for the use of Schedule 9, Part 1 of the Equalities Act 2010.

2. the name(s) and job roles of the authorising officer(s) who posted this listing.

Yours faithfully,

Sabbir Malik

London Borough of Tower Hamlets, Tower Hamlets Borough Council

Information request
Our reference: 4310365

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Dear Mr Malik
 
Freedom of Information Act 2000
 
Thank you for your request for information that was received on 15 April
2016  requesting:

This is an enquiry about your advertisement for the job role of VAWG
Strategy Manager with job reference number: CLC00799

I note that you have restricted this pursuant to Schedule 9, Part 1 of the
Equalities Act 2010 to female applicants only.

I seek, under the Freedom of Information Act, the Council's legal
justification to this.

I note, having read the job description, nothing within it that restricts
this post to females only / would prevent a male from carrying out these
duties (or ensuring reasonable provisions to ensure that the post
satisfies the Equalities Act).

Equalities Act 2010 Schedule 9, P1, as you know, reads:

(1) A person (A) does not contravene a provision mentioned in
sub-paragraph (2) by applying in relation to work a requirement to have a
particular protected characteristic, if A shows that, having regard to the
nature or context of the work-

(a) it is an occupational requirement,

(b) the application of the requirement is a proportionate means of
achieving a legitimate aim, and

(c) the person to whom A applies the requirement does not meet it (or A
has reasonable grounds for not being satisfied that the person meets it).

Please attach a response with the following:

1. the job description and highlight which areas, in the view of Tower
Hamlets Council, satisfies and/or causes for the use of Schedule 9, Part 1
of the Equalities Act 2010.

2. the name(s) and job roles of the authorising officer(s) who posted this
listing.
 
We are dealing with your request under the Freedom of Information Act
2000  and we aim to send a response by 16 May 2016.
 
In some case, a fee may be payable. If we decide a fee is payable, we will
send you a fee notice and we will require you to pay the fee before
proceeding with your request.
 
The Freedom of Information Act 2000  may restrict the release of some or
all of the information you have requested. We will carry out an assessment
and if any exemptions  apply to some or all of the information then we
might not provide that information to you. We will inform you if this is
the case and advise you of your rights to request an internal review and
to complain to the Information Commissioner's Office.
 
We will also advise you if we cannot provide you with the information
requested for any other reason together with the reason(s) why and details
of how you may appeal (if appropriate).
 
Yours sincerely
 
 
Jane Jones
Admin Officer
Legal Services
020 7364 4736
[email address]
 
NOTE: Please do not edit the subject line when replying to this email.

Dear London Borough of Tower Hamlets,

I await this information. It has been over 20 working days I therefore seek an internal review.

Yours sincerely,

Sabbir Malik

Jane Jones, Tower Hamlets Borough Council

Dear Mr Sabbir

Thank you for your request for a review received on 16th May 2016. I am
sorry that you are dissatisfied with our attempts to handle your request
under the Freedom of Information Act 2000

I can confirm that we are considering your request and are aiming to have
a response to you by the end of the week.

Yours sincerely

Jane Jones
Admin Officer
Legal Services
020 7364 4736
[email address]

Jane Jones, Tower Hamlets Borough Council

1 Attachment

Information request
Our reference: 4310365

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Dear Mr Malik
Your request for information has been considered under the requirements of
the Freedom of Information Act 2000.
I can confirm that the information requested is held by Tower Hamlets
Council and is attached to this email. 

The information has also been put on the [1]Council's Disclosure Log,
where you can also search for information supplied on other topics.

The Council’s website www.towerhamlets.gov.uk contains a section on the
Freedom of Information Act that lists other publications readily available
from the Council under its Publication Scheme.

Conditions for the re-use of information where the copyright is owned by
the London Borough of Tower Hamlets can be found on our website.

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of receipt of the response to your
original letter and should be addressed to:
 
Complaints and Information
Town Hall
Mulberry Place
5 Clove Crescent
E14 2BG
icw[Tower Hamlets Borough Council request email] 
 
If you are still dissatisfied with the Council’s response after the
internal review you have a right of appeal to the Information Commissioner
at:
The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF.
Telephone: 01625 545 700
Website: www.ico.gov.uk 
 

Yours sincerely
 
 
Jane Jones
Admin Officer
Legal Services
020 7364 4736
[email address]
‏ 
 

References

Visible links
1. https://towerhamletsportal.icasework.com...

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