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Introduction to this document

Transgender equality policy

Transgender staff are protected under the Equality Act 2010. Put in place our transgender equality policy to sit alongside your equality, diversity and inclusion and dignity at work policies.

The law

Trans people are protected against discrimination under the Equality Act 2010 as “gender reassignment” is one of the nine protected characteristics. A person has the protected characteristic of gender reassignment if they’re proposing to undergo, are undergoing or have undergone a process (or part of a process) for the purpose of reassigning their sex by changing physiological or other attributes of sex. It’s not necessary for the person to be under medical supervision or having surgery to come within the definition. The Gender Recognition Act 2004 allows transgender people to gain legal recognition in their acquired gender by a process of registration. Once issued with a gender recognition certificate (GRC), the individual is legally considered to be of their acquired gender. However, they don’t have to obtain a GRC if they don’t wish to do so. Case law has also held that “gender reassignment” in the Equality Act 2010 extends to those who identify as non-binary or gender fluid, as gender identity is a spectrum.

Policy contents

Our policy is intended to set out how your business supports transgender (including non-binary) and intersex job applicants and employees and prevents discrimination against them in the workplace. It includes:

a statement of commitment to equal opportunities and preventing the discrimination and harassment of transgender or intersex employees based upon their gender identity, gender expression, gender history or trans or intersex status
disciplinary sanctions for employees who participate in transphobic discrimination or harassment
a definition of what it means to be a trans person, transgender or intersex
using the correct names and pronouns for a transgender or intersex employee
information on trans equality in recruitment, including ensuring that the recruitment process is dealt with appropriately and sensitively, e.g. not requiring the disclosure of a job applicant’s gender identity or gender history, keeping any information that is disclosed confidential, taking up references using the individual’s current name and acknowledging that document checks may need to be in a former name
a section on the support available for an employee transitioning in the workplace, including notifying work colleagues and other relevant contacts, dress and appearance policies, access to toilets and other single sex facilities, updating records, possible temporary or permanent redeployment, and the development of a confidential action plan to manage the process
other steps that will be taken by the business to promote trans equality, such as trans equality training and including transgender and intersex staff in publicity and marketing materials.