For the vast majority of people, their gender identity matches the sex they were assigned at birth. However, for a small number of people, this is not the case – these are known as transgender people. Transgender people are protected under the Gender Recognition Act 2015 which allows for legal recognition of a person’s preferred gender, and under Employment Legislation, the Employment Equality Acts 1998 - 2015. Here we’ll touch on some of the key areas, in order to assist managers to deal with a transitioning employee. Recruitment Without being an employee, you’re protected under Employment Equality Acts during recruitment. It is recommended that all application forms are kept gender neutral and no identifying characteristics are noted throughout the process that could indicate they’ve been discriminated against because they’re transgender. Notification The employee should meet with their direct superior (or member of HR) to discuss their intentions, concerns etc. The employee must be prepared to help educate their employer of the process and about transgender people. Together you should create a gender transitioning plan covering the topics of:
- The date of transition
- Announcement to colleagues
- Changes to records, emails, name badges etc
- Use of gender specific facilities
- Medical treatment (if any)
Customer interaction Depending on the employee, they may interact with customers on a daily basis. If an employee has to meet with a customer, this doesn’t justify denying that employee the right to dress alongside their identity. If the employee has got a key client(s), it may be necessary for the employer and employee to notify the client of this change. Facilities The transitioning employee should be entitled to use the facilities of the gender that they associate with. However, if you have a single occupancy bathroom the employee should be allowed use this during their transitioning period. Your support is crucial to a transitioning employee using forums of:
- An Employee Assistance Programme
- Dignity at Work Policy
- Equal Opportunity Policy
- Harassment Policy
If you have any questions regarding the issues in this article, please don’t hesitate to contact our 24 Hour Advice Service on 01 855 50 50
