Ofsted put forward plans to restructure last year and is also looking at outsourcing inspections in early years settings.
Unison has sent the inspectorate a pre-action legal letter giving it two weeks to respond to its demand that the proposals be revoked. It has also asked for Ofsted to explain why it took the decision to restructure.
The union claims Ofsted's restructuring goes against duties imposed by the Sex Discrimination Act 1975, which requires organisations to assess possible impact on equality. It also says it has not been adequately consulted on the new proposals.
An Ofsted spokeswoman said: "Ofsted takes its duties for equality extremely seriously and as such completely refutes Unison's allegations. We have referred their pre-action legal letter to our lawyers and will respond in due course."
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