FOI release

Equality Act 2010 Compliance, Safeguarding, Immigration/Eligibility Checks, and Governance

This request was refused in part, so we didn't provide some of the information the requester asked for. This may include information where we can neither confirm nor deny that we hold it.

Case reference FOI2025/01594

Received 18 August 2025

Published 30 December 2025

Request

Under the Freedom of Information Act 2000, I request the following information held by National Highways, specifically relating to its North East region operations (including the A1 trunk road, Berwick-upon-Tweed crossing, and other cross-border trunk routes into Scotland), covering the period 1 January 2020 to the present:

1. Equality Act 2010 Compliance and Supreme Court Ruling

a. Copies of any policies, guidance, Equality Impact Assessments (EQIAs), or staff training materials updated or reviewed following the UK Supreme Court judgment of 16 April 2025 (For Women Scotland Ltd v Scottish Ministers), confirming that “sex” under the Equality Act 2010 means biological sex.

b. Any legal advice, risk assessments, or internal correspondence concerning safeguarding and compliance with this ruling in North East region operations, roadside services, depots, or facilities accessible to staff and the public.

c. Steps taken (or planned) to ensure provision of single-sex facilities (e.g. toilets, changing rooms, driver rest areas) complies with the biological definition of sex.

2. Safeguarding, Workforce, and Compelled Belief

a. Documents on safeguarding policies or procedures applying to National Highways staff, contractors, or service partners in the North East region.

b. Any HR, diversity, or workforce policies since 2020 that reference “gender identity,” “gender reassignment,” pronoun use, or compelled speech/belief.

c. Records of complaints, grievances, or case reviews concerning freedom of speech/belief, compelled belief, or suppression of lawful gender-critical views raised within the North East region.

3. Immigration Checks and Resource Eligibility

a. Any policies, procedures, or correspondence with the Home Office, Border Force, Department for Transport, or local authorities relating to immigration checks, identity verification, or safeguarding in connection with the use of trunk road services at or near the border.

b. Any recorded incidents, referrals, or reports of non-UK nationals without lawful status identified via National Highways operations or facilities in the region.

4. Governance, Oversight, and Costs

a. Records of communication with the Department for Transport, HM Treasury, or other oversight bodies concerning Equality Act compliance, safeguarding risks, or immigration/resource misuse in the North East region.

b. Any audits, risk registers, or financial analyses quantifying risks or costs linked to safeguarding failures, Equality Act non-compliance, or immigration/resource eligibility in border operations.

Response

1. Equality Act 2010 Compliance and Supreme Court Ruling

The company’s internal Diversity and Inclusion training is currently under review and the definition of sex is again being updated in that training. The company’s gender identity policy and guidance are being reviewed, and these will be updated and finalised once the EHRC interim guidance has been updated. Gender Identity Policy and D&I training is attached.

An internal communication was issued to all staff on 1 May 2025 following the Supreme Court ruling, please see attached.

c. Steps taken (or planned) to ensure provision of single-sex facilities (e.g. toilets, changing rooms, driver rest areas) complies with the biological definition of sex.

A review of the organisation’s owned and managed estate is being undertaken, this will be completed when the EHRC interim guidance has been updated.

2. Safeguarding, Workforce, and Compelled Belief

a. Documents on safeguarding policies or procedures applying to National Highways staff, contractors, or service partners in the North East region.

We have a modern Slavery Policy Statement and safeguarding guidance, please see attached.

b. Any HR, diversity, or workforce policies since 2020 that reference “gender identity,” “gender reassignment,” pronoun use, or compelled speech/belief.

Relevant policies are Respect at Work Policy and Gender Identity Policy and guidance. Pronoun use is also referenced in the internal intranet guide to email signatures, please see the extract of the relevant section from the email attached.

c. Records of complaints, grievances, or case reviews concerning freedom of speech/belief, compelled belief, or suppression of lawful gender-critical views raised within the North East region.

Nil return

3. Immigration Checks and Resource Eligibility

Nil return

b. Any recorded incidents, referrals, or reports of non-UK nationals without lawful status identified via National Highways operations or facilities in the region.

Nil return

4. Governance, Oversight, and Costs

Nil return

b. Any audits, risk registers, or financial analyses quantifying risks or costs linked to safeguarding failures, Equality Act non-compliance, or immigration/resource eligibility in border operations.

Nil return

Please note personal information has been redacted under section 40(2) of the Freedom of Information Act.

Documents

This is National Highways' response to a freedom of information (FOI) or environmental information regulations (EIR) request.

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