Transgender Guidance (April 2025)

5. Protection in employment

The Equality Act 2010 makes it unlawful to treat someone less favourably than other people in relation to employment or vocational training due to one of the nine protected characteristic including gender re-assignment. The protection applies whether or not the individual has a gender recognition certificate. 

Harassment or bullying or victimisation on the grounds that a person is proposing to transition, is transitioning or has transitioned is unlawful discrimination. 

The Gender Recognition Act 2004 allows an individual 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, except "in certain specific circumstances" (for example, for the purpose of preventing or investigating crime), it is a criminal offence to disclose such information without the individual's consent.

An application for a GRC will be made to the Gender Recognition Panel. Individuals are required to provide a medical diagnosis of gender dysphoria and evidence that they have lived in their acquired gender for two or more years and intend to do so permanently.

We will never ask an employee if they have a GRC or require anyone to apply for one for employment purposes.