For general enquiries +44 (0)808 169 4320
  • Get in touch
  • About

    Birketts is a full service legal firm with offices throughout the East of England and in London.

    Whatever the challenge, we're here for you. As a proactive partner, we're always thinking about the changes and opportunities that you or your business will face, taking you to the next level.

    • Discover Birketts
    • Leadership Team
    • Offices
    • Environmental Social Governance
    • Compliance

    Our Culture

    Awards

  • Sectors
    • Agriculture
    • Banking & Finance
    • Care Homes
    • Charities & Not for Profit
    • Ecclesiastical
    • Education
    • Energy & Utilities
    • Family Business
    • Food
    • Healthcare
    • Housebuilders
    • Insurance & ReInsurance
    • International Services
    • Leisure & Tourism
    • Local Government
    • Motor Industry
    • Public Sector
    • Real Estate Investment
    • Retail
    • Shipping & International Trade
    • SIPPs / SSASs
    • Social Housing
    • Transport & Logistics
  • Services
    Services for business Services for individuals
    for business
    for individuals
    for business
    • Agriculture
    • Banking & Finance
    • Commercial Property
    • Commercial & Technology
    • Competition
    • Construction & Engineering
    • Corporate, Mergers and Acquisitions
    • Data Protection Services
    • Employee Incentives
    • Employment
    • Franchising
    • Health & Safety
    • Immigration Services
    • Intellectual Property
    • International Services
    • Litigation & Dispute Resolution
    • Planning & Environment
    • Property Disputes
    • Public Inquiries
    • Regulatory & Corporate Defence
    • Restructuring & Insolvency
    • Shipping & International Trade
    • Tax
    for individuals
    • Agriculture
    • Construction
    • Contentious Trust & Probate
    • Court of Protection
    • Data Protection Services
    • Dispute Resolution
    • Employment
    • Estate Planning & Wills
    • Family
    • Financial Crime
    • Immigration Services
    • International Services
    • Leasehold Enfranchisement
    • Motoring Offences
    • Personal Taxation
    • Private Criminal Defence
    • Probate
    • Property Disputes
    • Public Inquiries
    • Residential Property
  • Our People
  • Insight

    Legal Updates

    News

    Newsletters

    Events

    Webinars

    Podcasts

    Shaping excellence

  • Join us
    • Current Vacancies
    • Our Story
    • Life at Birketts
    • Learning & Development
    • Benefits at Birketts
    • Environmental Social Governance
    • Recruitment Contacts

    Graduates

    Business Services

    Legal Secretaries

    Lawyers

  • Home
  • Legal Updates
  • Translating Trans – transgender rights in the workplace
Share on
Translating Trans – transgender rights in the workplace
April 12, 2022

Following our latest Early Bird webinar on the topic of transgender rights in the workplace, here are five key points for employers to consider.

Policies & documentation

Review policies and employment documentation to ensure they are fully inclusive, use appropriate language and recognise the rights of trans and non-binary staff. The language and terminology adopted by those in the LGBTQ+ community can be confusing or even intimidating for some, but Stonewall is a good source for up to date information on this.

Staff training

Training of staff to raise awareness of trans and non-binary experiences and to equip managers in dealing with trans employees supportively and with sensitivity is recommended as part of your organisation’s equality, diversity and inclusion policy.

Confidentiality

The process of transition and some of the practical issues that will arise in the workplace should form the basis of a sensitive and confidential discussion with the employee concerned. The GEO guidance (see links below) includes a template action plan for managers to use when supporting an employee through the transition process. Don’t forget that it is a criminal offence under the Gender Recognition Act 2004 for a person in an official capacity who has acquired protected information regarding an individual’s gender to disclose that information to another without consent.

Tailored approach

Take the lead from the transitioning individual about what they are comfortable sharing, with whom, when and how. The process of gender transition is unique to every individual and assumptions should not be made about that person’s preferences or experience. They should be regularly consulted with by a designated manager or HR lead to ensure that they are being supported and that their needs are being met.

Facilities

One of the issues that can cause some practical concerns is in relation to the use of changing facilities and toilets, and employers may find themselves in the middle of competing demands from their workforce. The GEO guidance states:

“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.”

It will not be appropriate for an employer to require a trans employee to use the toilet facilities of their former gender and they should not be instructed to use the disabled facilities. This may present difficulties for employers who do not have space to create separate gender neutral facilities, particularly if female staff want to retain their own toilets.

Since our webinar, new guidance has been published by EHRC on the law in relation to single-sex spaces. It is aimed at organisations providing separate and single-sex services, which might include separate sex changing facilities or toilets. This is dealt with under specific parts of the Equality Act 2010 applicable to the provision of services. The guidance emphasises that such organisations should weigh up and balance the respective needs of, and impact on, different groups when providing single-sex services.

Rather than waiting for the issue to arise (if it hasn’t already), it would be advisable to consult with all staff to engage them in the question of how to make the workplace more inclusive and what can be done to make colleagues feel comfortable, and seek to agree a practical solution. One possible solution, if separate gender neutral facilities cannot be provided, is for existing toilet cubicles to be fully enclosed (ie with floor to ceiling walls/doors) to help maintain adequate privacy and alleviate concerns, particularly of female staff.

Further information

Here are links to some of the resources that we referenced in the session:

  • EHRC Statutory Code of Practice
  • EHRC Guidance
  • Recruitment and retention of transgender staff (GEO guidance, 2015)
  • Supporting Trans employees in the workplace (Acas research paper, 2017). Note: this expressly states that it is not intended as guidance from Acas on managing trans employees in the workplace. Previous Acas guidance on gender reassignment has been withdrawn and not reissued.
  • Best practice guide and Q&A (Stonewall)

Liz Stevens

View profile
Services
  • Employment – Services for Business
  • Employment – Services for Individuals
  • International Employment – Services for Business

The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at April 2022.

Join us

  • Business services
  • Experienced lawyers
  • Graduates

Information

  • Anti Slavery
  • Cookies
  • Fees
  • Statement

Find us

  • Contact us
  • Our People
  • Offices

Subscribe

  • Subscribe
© Copyright Birketts LLP 2022 All rights reserved
Follow us: