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Dr Stephenson / the code misstate the law
The proportionality requirement in Sch 3 applies to if it is permissible to have a single sex service at all. If it IS proportionate then it's proportionate to enforce it. If it isn't hen it isn't proportionate to have such a service.
Yesterday, I questioned the Chair of the EHRC about the new Code of Practice, and the harm it poses to trans people and others who do not conform to gender stereotypes.
The Code suggests employees of a business or a service should enforce restrictions based on evidence such as
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