Transgender policy template

Overview

The purpose of this policy is to set out a framework for how staff who wish to take steps to change the gender identity, or have already done so will be supported.

Scope

This policy is applicable to all employees of [company name].

General principles

This policy outlines [Company's] dedication to making sure that transgender workers are treated with respect and dignity and are not given a disadvantage at work.

The policy outlines the actions we take to respect, support, and prevent discrimination against transgender employees.

The policy is applicable at all times during the employment relationship and covers all employees, contractors, temporary employees, and job candidates.

Failure to take account of this policy may result in disciplinary action.

Our commitment

[Company] holds the view that people perform better at work when they can be themselves and that diversity and inclusion improve the organisation.

We are dedicated to removing obstacles from hiring, promotion, and retention processes and to embracing and supporting transgender personnel. A crucial step in ensuring that transgender employees are appreciated and valued is to offer a workplace that is free of harassment, discrimination, or victimisation due to gender identity.

The law

Equality Act 2010

One of the nine protected characteristics covered by the 2010 Equality Act is gender reassignment. If a person is considering, is now undergoing, or has just undergone a process (or a portion of a process) of gender reassignment, they are protected under the Act against discrimination, harassment, and victimisation. Since gender reassignment is regarded as a personal rather than a medical process, it is not necessary for the person to be under medical supervision. According to the Act, a person who takes time from work for gender reassignment should not suffer detrimental treatment when it comes to employment decisions, such as being excluded from possibilities for training or promotion.

Anyone who is associated with someone who has the protected trait of gender reassignment, such as a person's partner or a friend, or who is thought to have the characteristic of gender reassignment is also protected by the Act.

An employee may be held personally responsible for discrimination if they treat a coworker less favourably due to gender transition, such as by refusing to work with them.

Gender Recognition Act 2004

The Gender Recognition Act 2004 allows transsexual people to apply for a gender recognition certificate (GRC), which will give them legal recognition in their acquired gender and enables them to obtain a new birth certificate.

The Act safeguards the privacy of an individual with a GRC by defining information relating to the gender recognition process as 'protected information' and it is a criminal offence to disclose such information without the individual's consent. An individual should never be asked if they have a GRC and to do so could be considered harassment.

How [Company] supports transgender employees

[Company] recognises that transgender job applicants and employees are not required to inform the organisation of their gender status or gender history. The gender in which an individual chooses to present will always be acknowledged and respected.

To promote a workplace that is inclusive of transgender people, the organisation adopts the following approach;

Recruitment

[Company] wishes to attract applicants from as wide a talent pool as possible and the recruitment process is designed to be inclusive of transgender applicants. Job advertisements should make clear that opportunities are open to all suitably qualified applicants. Where an application form is used, this should not include a question about previous names.

Managers should not ask questions about an applicant's gender identity or gender history. If an individual chooses to mention this during the interview, they should be informed that the organisation supports transgender employees and assured that the disclosure will have no bearing on the outcome of the interview and will not be revealed outside the interview room.

The requirement to provide proof of identity to confirm the right to work in the UK can be particularly sensitive for a transgender applicant whose identification documentation may be in their previous names. [Company] will always ensure that an applicant is made aware of the full range of permissible identification documents and that the process of checking is handled sensitively and with respect for privacy of the individual.

Where any of an individual's documentation reveals their previous name and thereby their gender history, this information will be kept confidential and stored securely with the permission of the individual and in accordance with the requirements of data protection legislation.

Employment

An employee who is transitioning who is in a public-facing role may wish to be redeployed on a temporary or permanent basis. Requests to be redeployed will be discussed with the employee and, where possible, [Company] will seek to accommodate the employee's wishes.

An employee's gender history or status will not have a bearing on any employment decisions or access to benefits, except where permitted by law. Where pension and insurance providers request disclosure of an individual's gender status, [Company] will ensure that this requirement has been checked with the underwriter and the requirement is made clear in any scheme information provided to employees. In such circumstances, the employee's written consent will be obtained before disclosing their gender history and status.

Names and pronouns

[Company] will take all necessary steps to ensure that an individual's change of name is respected. Consistently addressing a transgender employee by their previous name and/or an inappropriate pronoun may be regarded as harassment and will be dealt with accordingly.

Changing employee records

Any records that hold personal details should be changed by the time the individual presents at work with their new identity. Records will include all of the systems that may contain names, titles and other personal identifiers such as photographs on the website and intranet.

Confidentiality

All records that include details of an employee's gender history will be destroyed in a secure manner, unless there is a specific reason for retaining them.

Where there is a need to retain documentation that shows someone's gender history, this information will be stored confidentially in line with the requirements of data protection legislation.

It is an individual's decision whether or not to reveal their gender status and history and the organisation will respect their right to privacy. Where an employee discloses information about their gender history or status (verbally or in writing), this will be treated as confidential. Such information will not be shared with others, unless there is a specific reason and then not without the written consent of the individual concerned.

Information relating to an employee's gender status or history will not be disclosed to a third party without the individual's consent, for example when responding to a reference request.

Communication

[Company] will work with the employee to agree what information needs to be conveyed to work colleagues or other third parties and when and how the information should be conveyed.

Bullying and harassment

[Company] adopts a zero-tolerance approach to harassment, bullying or victimisation and such behaviour may result in action being taken under our disciplinary procedure.

Examples of harassment against transgender people include:

• verbal abuse such as name-calling, threats, derogatory remarks or belittling comments about transgender people;<
• asking an individual if they have a GRC;
• jokes and banter about someone's gender identity or transgender people generally;
• refusing to use the pronoun appropriate to someone's acquired gender (for example, calling a trans woman 'he') or calling the person by the name they had before they transitioned;
• threatening behaviour or physical abuse;
• intrusive questioning about someone's gender identity or transition;
• excluding a transgender colleague from conversations or from social events;
• refusing to work with someone because they have transitioned; and
• displaying or circulating transphobic images and literature.

All employees are made aware of procedures in place for handling complaints of bullying and harassment. Any complaints of bullying and harassment are taken seriously and dealt with promptly.

Single-sex toilets and facilities

[Company] will support a transgender employee's right to use the toilets and facilities appropriate to their gender from the point at which the individual declares that they are living their life fully in that gender.

[Company] will agree with the employee when they wish to start using the facilities appropriate to their acquired gender and how this should be communicated to colleagues. Any concerns raised by others will be dealt with promptly and sensitively and harassment of the individual will not be tolerated.

Dress codes

[Company] will agree with the employee what flexibility in our dress code may be permitted to accommodate the process of transition or where a gender-specific mode of dress would be uncomfortable for the individual.

If a transgender employee is required to wear a uniform, [Company] will ensure that arrangements have been made to provide them with a uniform appropriate to their gender.

Supporting an employee who is transitioning

[Company] will be supportive of an employee who has made the decision to transition.

Once [Company] has been made aware by an employee that they will be starting, or have started, the process of transitioning, an appropriate point of contact will be agreed with the employee. That person will work with the employee to develop a confidential action plan to manage the individual's transition at work.

Monitoring

In line with its policy on equal opportunities in employment, [Company] will monitor the gender identity and trans status of the existing workforce and of applicants for jobs (including promotion) and will review its equal opportunities policy in accordance with the results shown by the monitoring.

The disclosure of information by employees/job applicants is voluntary and any information disclosed will be treated in confidence, stored securely and used only to provide statistics for monitoring purposes.

Appendix: glossary

• Acquired gender: Used in the Gender Recognition Act 2004 to describe a person's gender after transitioning.
• Assigned gender: The gender assigned to someone at birth, based on their physical characteristics.
• Cross dresser: Someone who chooses to wear clothes not conventionally associated with their assigned gender. 'Cross dresser' is now used in preference to the term 'transvestite', which is considered to be outdated and can cause offence. Cross dressers generally do not intend to transition.
• Gender dysphoria: A recognised medical condition where the individual experiences severe discomfort and anxiety because their gender identity does not align with their biological sex.
• Gender expression: How someone manifests their gender identity in society, for example through their appearance and behaviour.
• Gender identity: A person's internal perception of their gender, their sense of self.
• Gender reassignment (or transitioning): The process where an individual changes their expressed gender to live fully in the gender with which they identify.
• Intersex: An intersex person is born with ambiguous genitalia and/or sex chromosomal variations, making it difficult to classify their biological sex.
• Non-binary: An inclusive term to describe people whose gender identity is 'fluid' and not exclusively male or female. The terms intersex and non-binary are not interchangeable.
• Transgender (or trans): An umbrella term describing the diverse range of people whose gender identity or gender expression differs from the gender they were assigned at birth.
• Transsexual: A transsexual person has the protected characteristic of gender reassignment and is defined in the Equality Act 2010 as someone who is 'proposing to undergo, is undergoing or has undergone gender reassignment'.
• Transphobia: A fear of or a dislike of transgender people.