Employment

Last week the government published guidance designed to provide employers with practical advice, suggestions and ideas on the recruitment and retention of transgender employees. The guide is specifically aimed at employers but it is also a useful guide for managers and for trans staff themselves.

The guide, which was produced in partnership with ‘Inclusive Employers’, suggests changes that can be made to an employer’s recruitment process and workplace culture in order to show that they are a transgender friendly workplace, such as providing appropriate options on application forms, giving recruiting managers best practice training and ensuring appropriate dignity at work policies. The guidance also includes a template action plan for employers to support employees going through a transition.

 

The guide also explains the legal framework that is in place to protect transgender individuals, in terms of the Equality Act 2010 and the Gender Recognition Act 2004, and gives practical guidance to minimise the risks of discrimination.

  • Employers should deal with each employee who indicates they are transitioning on a case by case basis;
  • Be aware that it doesn’t matter whether or not someone has a gender recognition certificate before you treat them as having changed their sex;
  • Be careful about using correct pronouns and make sure you are not breaching confidentiality;
  • Work with employees to find best way forward.
Julie Keir

Julie Keir

Practice Development Lawyer at Brodies LLP
As a Practice Development Lawyer Julie is responsible for developing and maintaining Brodies Workbox, our award-winning online HR and employment law resource.
Julie Keir