Transgender Guidance (April 2025)

2. Aims and Objectives

This guidance has been produced to support our employees and managers in understanding the experience and process of transitioning and the potential barriers that may inhibit a trans person in reaching their potential in the workplace. It provides helpful guidance on supporting trans applicants and employees, creating an inclusive working environment and what a trans person can expect in terms of support. 
The specific aims of this guidance are to:

•    Ensure that trans people and individuals undergoing the transition process or who have transitioned are treated with fairness and support during the recruitment process and their employment.
•    Provide all employees and managers with guidance on the statutory protections for trans people undergoing the transition process.
•    Detail the appropriate procedure to be followed when a trans person applies to work with us following transition, or states that they are about to transition whilst in our employment.
•    Provide details on what support should be provided by our managers to employee who are transitioning.

3. Scope

This guidance covers all employees and casual workers regardless of sex, gender identity or expression including centrally employed teachers but excludes staff on the complement of locally managed schools for whom separate guidance applies. In the absence of guidance agreed locally by individual schools the principles of this guidance should be followed.

4. Trans people and transitioning

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.

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.

6. Recruitment

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 Recruitment and Selection 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 sex 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. 

Please refer to Appendix 2 - Useful sources of information and advice.

7. Employment

It can be 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 Learning & Development (L&D) 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 support; some employees ma 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. A suggested template of recording discussions between the employee and the manager is in Appendix 3.

8. Practical implications when transitioning occurs during employment with us

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 sex.

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

Managers may find it helpful to consider the template at Appendix 3 however 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 acquired 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.
• 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 and guide the conversation. 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 need 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 choose 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 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 – Managers and employees are advised to follow the Equality and Human Rights Commission’s (EHRC) interim update on the practical implications of the Supreme Court Judgement published 25 April 2025. 

• 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 – all employees, including trans and non-binary employees, are encouraged to wear the Authority’s uniform options or dress that they feel most comfortable in regardless of whether they are transitioning or not. Where the transitioning process includes changes to appearance, an employee will decide when it is appropriate to start presenting themselves in clothing, 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.

9. During and post transitioning

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 and Standards in the Workplace Guidance

10. References

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.

11. Maintaining contact and support

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.

12. Recognising bullying and harassment

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.

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 act. 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.

13. Other policies

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;
• Behaviour and 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
• Learning and 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.

14. Useful contacts and resources

• Human Resources Team, Tel: 01267 24612.

• Learning and Development Team, Tel: 01267 246085.

• Occupational Health, Safety & Wellbeing Team, Tel: 01267 246060.

• Stonewall Cymru (Lesbian, Gay, Bi and Trans. Charity) www.stonewallcymru.org.uk or 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 

15. Ensuring equality of opportunity

If you require this publication in an alternative format, please contact People Management by email CHR@carmarthenshire.gov.uk

Appendix 1 - Glossary of Terms

Bisexual or Bi – refers to a person who has an emotional, romantic and/or sexual orientation towards more than one gender.

Deadnaming – is calling someone by their birth name after they have changed their name.  This term is often associated with trans people who have changed their name as part of their transition.

Gay – refers to a man who has an emotional romantic and/or sexual orientation towards men.  Also, a generic term for lesbian and gay sexuality – some women define themselves as gay rather than lesbian.

Gender – often expressed in terms of masculinity and femininity, gender is largely culturally determined and is assumed from the sex assigned at birth.

Gender dysphoria – used to describe when a person experiences discomfort or distress because there is a mismatch between their sex assigned at birth and their gender identity.  This is also the clinical diagnosis for someone who doesn’t feel comfortable with the gender they were assigned at birth.

Gender identity – a person’s internal sense of their own gender, whether male, female or something else, which may or may not correspond to the sex assigned at birth.

Gender reassignment – another way of describing a person’s transition.  To undergo gender reassignment usually means to undergo some sort of medical intervention, but it can also mean changing names, pronouns, dressing differently and living in their self-identified gender.  Gender reassignment is a characteristic that is protected under the Equality Act 2010.

Gender recognition certificate (GRC) – this enables trans people to be legally recognised in their affirmed gender and to be issued with a new birth certificate.  Not all trans people will apply for a GRC, and you currently must be over 18 to apply.  You do not need a GRC to change your gender markers at work or to legally change your gender on other documents such as your passport.

Lesbian – refers to a woman who has an emotional, romantic and/or sexual orientation towards women.

LGBT – the acronym for lesbian, gay, bi and trans.

Non-binary – an umbrella term for a person who does not identify as only male or female, or who may identify as both.

Pansexual – refers to a person who is not limited in sexual choice regarding biological sex, gender or gender identity.

Pronoun – words we use to refer to people’s gender in conversation – for example ‘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.

Trans – an umbrella term to describe people whose gender is not the same as, or does not sit comfortably with, the sex they were assigned at birth.  Trans people may describe themselves using one or more of a wide variety of terms, including (but not limited to) Transgender. Transsexual, Gender-queer (GQ), Gender-fluid, Non-binary, Gender-variant, Cross-dresser, Genderless, Agender, Non-gender, Third gender, Two-spirit, Bi-gender, Trans man, Trans woman, Trans masculine, Trans feminine and Neutrois.

Transitioning – 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 also might involve things such as telling friends, dressing differently and changing official documents.

Appendix 2 - Useful sources of information and advice

http://genderedintelligence.co.uk Gendered Intelligence work predominantly with the transgender community and those who impact on transgender lives. They particularly specialise in supporting young transgender people aged 11-25.

www.gires.org.uk Gender Identity Research and Education Society provides information for Trans people, their families and the professionals who care for them. 

www.depend.org.uk Offering free, confidential advice, information and support to all family members, spouses, partners and friends of transsexual people in the UK. 

www.gendertrust.org.uk The Gender Trust supports all those affected by gender identity issues.

www.equalityhumanrights.com The Equality and Human Rights Commission seeks to identify and tackle areas where there is still unfair discrimination or where human rights are not being respected and to act as a catalyst for change. The EHRC also provide statutory guidance on the Equality Act for employers, which can be found here: http://www/equalityhumanrights.com/private-and-public-sector-guidance
Trans Aid Cymru Supports transgendered people in Wales.

Government Equalities Office (GEO) 
GEO is responsible for equality strategy and legislation across government. www.gov.uk/geo 

Department for Business, Innovation and Skills (BIS) 
BIS is the department for economic growth. The department invests in skills and education to promote trade, boost innovation and help people to start and grow a business. BIS also protects consumers and reduces the impact of regulation. www.gov.uk/bis

Equality and Advisory Support Service (EASS) 
EASS has a helpline that advises and assists individuals on issues relating to equality and human rights, across England, Scotland and Wales. www.equalityadvisoryservice.com/ 

British Chambers of Commerce (BCC) 
BCC is the national voice of local business and serves business members across the UK. The BCC is a voice for the interests of business, delivers services that help business grow, and is the private sector source of advice and support for international trade. http://www.britishchambers.org.uk

Unity LGBT Swansea
Provide a drop-in centre, support, signposting and legal advice. Contact: unity LGBT Swansea, 71 High Street, Swansea, SA1 1LN; phone: 01792 346299; website Unity Group Wales – The Allen Lane Foundation

Disclosure and Barring Service

The law requires that you disclose all of your previous names and addresses to the DBS so that they can correctly process your application. The DBS does however have a process whereby you can disclose your previous gender/name to the DBS only and not reveal this on the CBS application form.

This is known as the ‘Sensitive Applications Process’. This process ensures that your information is handled sensitively and securely by the DBS and not revealed to the person who asked you to apply. 

For further information 
Email: sensitive@dbs.gsi.gov.uk or telephone 0151 676 1452.

Appendix 3 - Action plan template

Managers directory’ checklist to use in conjunction with an employee who is transitioning.