Supporting Transgender Staff

Trans people are people whose gender is not the same as, or does not sit comfortably with, the sex they were assigned at birth.

Transitioning is the term used to describe the steps a trans person may take to live in the gender with which they identify. Each person’s transition will involve different things. For some this involves medical intervention, such as hormone therapy and surgeries, but not all trans people want or are able to have this. Transitioning may also involve, e.g. telling friends and family, dressing differently and changing official documents.

The Equality Act 2010 makes it unlawful to treat someone less favourably than other people in relation to employment or vocational training on the grounds that they propose to start or have completed a process to change their gender. The protection applies whether or not the individual has a gender recognition certificate. Harassment or bullying on the grounds that a person is proposing to transition, is transitioning or has transitioned is unlawful discrimination.

The Gender Recognition Act 2004 allows trans people who have transitioned to apply for a gender recognition certificate. When a full gender recognition certificate has been issued, the person is considered in the eyes of the law to be of the acquired gender. There is no obligation on an individual to apply for a gender recognition certificate and there may be good personal reasons why someone has not applied for one.

A job applicant’s gender identity status is irrelevant to the recruitment process, except in the rare circumstances where a Genuine Occupational Requirement (GOR) applies to the job. We will not ask questions about gender identity status within the job application form and job applicants are not required to volunteer information about it, unless an occupational requirement makes this relevant. A GOR for a specific gender is rare, however this may arise in certain caring roles, if this is the case it will be made clear at the job advertisement stage. A job applicant with a gender recognition certificate is never required to disclose their gender history.

We are committed to recruiting, retaining and developing a workforce that reflects the communities that we serve and we will ask all applicants (separate to the job application form) to complete an equality monitoring questionnaire to support us in improving the way that we work. The questionnaire does not form part of the selection process and is completed on a voluntary basis. We do however encourage all applicants to complete this as the information provided supports our ability to assess the impact of our policies and processes.

If during the recruitment process information is disclosed about a job applicant’s gender history, i.e. because certain documents are in a previous name, e.g. right to work documentation, passport, driving licence, we will keep the applicant’s gender history confidential and will not take this into account in the selection process, unless a GOR makes this relevant. In accordance with our Equality and Diversity policy, we will assess candidates for employment objectively against the requirements of the person specification detailed within the job profile.

If disclosure from the Disclosure Barring Service (DBS) is required as part of the recruitment process, applicants must disclose any previous names and/or gender to the DBS. Trans applicants may make use of the special application procedure established by the DBS so that their previous name is not disclosed to our organisation.

It can be an extremely difficult step for someone to approach their manager to tell them that they are planning to transition. Often the person does not know what the manager’s response will be or how the news will be received generally at work.

Managers should follow the principles below to support individuals:

• Listen, show support, discuss levels of confidentiality, agree to seek advice and agree to work in partnership. The process should be led by the employee as much as possible;
• Take advice from the Human Resources (HR), Occupational Health, Safety and Wellbeing (OH, S & W) and Organisational Development (OD) teams, as appropriate;
• Understand that employees have a range of experiences or objectives. Some people prefer as few people as possible to know about their transition and decide to discuss this only with their manager but require no further action; some employees may be planning a medical intervention or may prefer transition that does not involve medical intervention or surgery. The key thing is that managers need to adopt an approach that meets the needs of the individual employee;
• Agree with the employee what steps need to be taken before, during and after their transition. Some people refer to this as developing an agreement or an action plan;
• A series of review meetings should be scheduled between the employee and the manager, at an agreed frequency as part of any agreement or action plan, and at any significant stage of the process (e.g. fortnightly/monthly);
• The plan should be updated and developed, not fixed;
• There should be an agreement about where the plan or any meeting notes are kept and who has access.

A trusting and open relationship between a trans employee and the manager is important. This should involve joint problem solving (such as anticipating and planning for any concerns), respecting confidentiality, being reliable (doing what you say you are going to do) and developing empathy and understanding.

Where an employee transitions during their employment with us, we are committed to ensuring that assistance, support and advice is made available to the employee and manager where appropriate.

Transitioning is a unique process for each employee and may include any number of changes to an individual’s life. It should not be assumed that the goal of every person is to change their physiology or legal gender.

Employees can seek support from their manager, or the HR, OH, S & W and OD teams.

The first step will be to ask the employee how they would like to manage their own transition in the workplace.

Managers will be guided by the employee in terms of the speed at which the transition will progress and will aim to reach agreement on such matters as:

• When the employee will first present in their gender;
• When name changes and official records will be changed;
• How and when colleagues will be informed of the change;
• How information will be managed and by whom;
• When the employee will start using facilities relating to the gender to which they are transitioning or identify;
• Time off that may be required for medical or surgical treatment, and/or possible side effects;
• Whether time off will be taken before returning to work in the acquired gender.

Additionally, the employee may wish to request temporary or permanent adjustments which will support their transitioning process. Suggestions for workplace adjustments should be led by the employee. The manager should consider such requests empathetically, and can use the Reasonable Adjustment Guidance to support. Any agreed adjustments can be recorded on the reasonable adjustments form, being mindful of confidentiality. Under no circumstances should information be passed to anyone else without the express permission of the employee who is transitioning.

There are a series of practical considerations, (some of which have legal implications) that managers should address in conjunction with the employee:

• Dates and timescales – establish when key changes will take place and how they fit with any relevant work deadlines. These key changes will vary depending on the employee but could include name, documentation, physical changes or short term or permanent role changes. Practical issues relating to, e.g. the availability of key people to support the process, shift patterns, could be considered;

• Records and systems – what needs to be changed, when this will happen and what will happen to “old” records? This includes, e.g. photographs, biographies, on our website or intranet through to historical information on HR records (such as a reference to a previous period of maternity leave for a transgender man). Payroll and National Insurance details may also need to be adjusted so it is essential that where other people in our organisation need to be aware, this is within an informed context;

• Communication with colleagues – managers should encourage the employee to describe what they think will be best for them. This could be verbal communication at a team meeting or on a 1:1 basis, the trans person could chose to be present or absent, it could be via an agreed electronic communication. The employee may not be ready to tell anyone else at the early stages and if that is the case, this should be respected. Every situation is different but the communication needs to provide some general awareness raising and also address issues specific to the employee. Colleagues need to be able to ask questions and managers must set a tone of absolute inclusion and respect. This communication will need to be practical and address important issues such as how to address the trans colleague (new name, correct pronoun), how to support the colleague, how to deal with questions that may come from outside the team without breaching confidentiality;

• Use of facilities – a trans person should be free to select the facilities appropriate to the gender in which they present. For example, when a trans person starts to live in their acquired gender role on a full-time basis they should be afforded the right to use the facilities appropriate to the acquired gender role. We recognise that an employee may present in the workplace as non-binary and our buildings increasingly have gender neutral facilities available to use though a trans employee will not be forced to use gender neutral facilities;

• Time off from work – there may be absences from work for medical reasons or other appointments associated with the transition process please refer to the Time Off policy for further guidance;

• Short term adjustment of duties – this may be appropriate in some cases. This can only be with agreement between the employee and the manager;

• Communication with customers/service users – the need for this will vary depending on the role of the employee. The manager should discuss with the employee how best to communicate the information to our customers and service users;

• Dress – where the transitioning process includes changes to appearance, an employee will decide when it is appropriate to start presenting themselves in dress they deem appropriate. As part of the transitioning at work process the manager may need to discuss with the employee their needs and preferences at this time particularly where uniform is worn as part of the role and a replacement required. Gender neutral uniform options should be available to all staff;

• Respecting and trying to accommodate requests for anonymity – if it is wanted. Transitioning can be a difficult process and trans colleagues may not want any attention, The employee can discuss temporary alternative working arrangements with their manager and consider what options might be available to suit both the needs of the service and support for the employee;

• Members of the Local Government Pension Scheme - should refer to the Dyfed Pension Fund website for information relating to the effects on membership.

• Members of Teachers’ Pensions - should refer to the Teachers’ Pensions website.

Managers may need to take their lead from the trans employee in relation to the frequency and type of support that is provided during and after transition. There are some general points that should be considered.

Once someone has transitioned, some people may consider this part of their history that others do not need to know about. In such cases, they will simply describe themselves as a man or a woman, and so should the rest of our organisation.

• Pronouns are the words we use to refer to people’s gender in conversation, e.g. ‘he’ or ‘she’. Some people may prefer others to refer to them in gender neutral language and use pronouns such as they/their and ze/zir;

• A trans employee can expect to be referred to by their preferred pronoun be that gender specific or gender neutral;

• We recognise that unintentional mistakes may occur therefore all employees should be reassured that where they accidentally misgender a trans employee a simple apology and correction is the best resolution in these circumstances. Where deliberate, persistent or malicious misgendering occurs managers should refer to the Behaviour Standards in the Workplace Guidance.

When asked for a reference for a trans person, the usual principles of fairness and accuracy apply. Please refer to our Reference Guidance for further information.

At some point, the employee may no longer want or need regular contact or specific support from their manager in relation to their transition. Communications will revert to the usual management interventions. It is important that managers do not make any assumptions about this and should agree when employer support around the transition is complete. Some employees may want a longer period of support and may request different support at different times of their transition, such as wellbeing support. Managers should be aware that sometimes transition results in personal or family relationships breaking down temporarily or permanently and the workplace can offer a place of stability during difficult times.

Any instances of bullying or harassment will be treated with the same degree of seriousness as other instances of bullying or harassment within our organisation. Managers should be aware that certain behaviour, e.g. excluding people from distribution lists or persistent use of the wrong pronoun (she, he, they) can be very undermining and must be identified and addressed. Never let natural curiosity about trans identities override sensitivity and respect.

In order to prevent bullying and harassment of trans staff, our organisation needs to recognise it as a specific form of bullying. As a manager it is important that you can recognise the signs of trans bullying and harassment so that you can take action. This may include:

• making trans-phobic insults and threats
• making unnecessary and degrading references to an individual’s gender identity
• engaging in banter or making jokes which are degrading to a person’s gender identity or perceived gender identity
• outing an individual as trans without their permission
• ignoring or excluding a colleague because they are trans
• spreading rumours or gossip
• asking intrusive questions about their private life
• making assumptions and judgements about a colleague based on their gender identity
• using religious belief to justify anti-trans bullying and harassment.

If you witness or are told about any of this happening in your service or team, you have a responsibility as a manager to act. In extreme cases, this form of harassment could be classed as a ‘Hate Crime’. Research suggests that although a high proportion of trans individuals have suffered from some form of hate crime, it is not often reported to the police.

An employee may wish to talk to you as their manager about such incidents. The effects on the employee can impact heavily on the organisation and on their ability to work. Your support could play a vital role in making sure this is reported and addressed.

Our Equality and Diversity Policy specifically includes gender re-assignment, gender identity and gender expression as one of the grounds or protected characteristics to which the policy applies. By failing to comply with this policy, employees are likely to be breaching the Equality Act 2010, if they treat our trans colleagues less favourably, or bully, harass or victimise a trans colleague/employee. The policy further outlines the kind of treatment that employees and customers should expect to receive.

As well as the Equality and Diversity Policy, this guidance is supported by a number of other policies and procedures including:

• Employee Code of Conduct;
• Behavioural Standards in the Workplace guidance;
• Grievance Policy;
• Disciplinary Policy;
• Recruitment and Selection Policy;
• Time Off Policy
• Training and development resources

People Management Advisors:-

• Human Resources
• Occupational Health
• Health & Safety
• Organisational Development

For more information, look on the Council’s website or contact the People Management Team. There are a number of LGBT Groups and Help lines that are readily accessible via the internet or through local LGBT services and some of these are detailed below.

• Human Resources Team, Tel: 01267 246129
• Organisational Development Team, Tel: 01267 246085
• Occupational Health, Safety & Wellbeing Team, Tel: 01267 246060
• Stonewall Cymru (Lesbian, Gay, Bi and Trans Charity) Tel: 08000 50 20 20 or Email: info@stonewall.org.uk
• LGBT Cymru Helpline & Counselling Service, Tel: 0800 980 4021 or Email: info@lgbtcymru.org.uk

Managers must adopt a positive, open and fair approach and ensure the Authority’s Equality and Diversity Policy is adhered to and applied consistently to all irrespective of race, colour, nationality, ethnic or national origins, language, disability, religion and belief or non-belief, age, sex, gender reassignment, gender identity and gender expression, sexual orientation, maternity, parental, marital or civil partnership status.

If you have any equality and diversity concerns in relation to the application of this policy and procedure, please contact a member of the HR Team who will, if necessary, ensure the policy/procedure is reviewed accordingly.