Imagine | Autumn 2023
A digital magazine from Irwin Mitchell
Imagine | Autumn 2023 A digital magazine from Irwin Mitchell
Imagine | Autumn 2023
A digital magazine from Irwin Mitchell
Why act now?
65% of trans people believe they should keep their identity secret from colleagues to feel secure in their jobs. (2021 survey by recruitment firm Total Jobs)
Managers and staff may feel wary of talking about gender and trans issues. There’s a nervousness about saying or doing the wrong thing. But there’s a risk of legal challenge if you don’t take reasonable steps to protect your employees.
Creating a diverse and inclusive culture in your workplace also makes current employees feel valued and safe at work, whilst attracting new talent by demonstrating that your organisation is inclusive and tolerant.
The difference between sex and gender
Understanding and using the right words is important.
The World Health Organisation Regional Office for Europe describes sex as characteristics that are biologically defined, while gender is based on socially constructed features.
Latest figures from the 2021 Census show that 262,000 people in England and Wales (approximately 0.5% of the population) identified with a gender different from their registered sex at birth. But the definition of gender isn’t limited to identifying as male or female. Facebook, for example, now has 71 different gender options.
Why act now?
65% of trans people believe they should keep their identity secret from colleagues to feel secure in their jobs. (2021 survey by recruitment firm Total Jobs)
Managers and staff may feel wary of talking about gender and trans issues. There’s a nervousness about saying or doing the wrong thing. But there’s a risk of legal challenge if you don’t take reasonable steps to protect your employees.
Creating a diverse and inclusive culture in your workplace also makes current employees feel valued and safe at work, whilst attracting new talent by demonstrating that your organisation is inclusive and tolerant.
The difference between sex and gender
Understanding and using the right words is important.
The World Health Organisation Regional Office for Europe describes sex as characteristics that are biologically defined, while gender is based on socially constructed features.
Latest figures from the 2021 Census show that 262,000 people in England and Wales (approximately 0.5% of the population) identified with a gender different from their registered sex at birth. But the definition of gender is not limited to identifying as male or female. Facebook, for example, now has 71 different gender options.
CASE STUDY
Primark paid £47,000 in compensation after failing to put suitable processes in place to protect their transgender staff.
A transgender employee brought a successful claim of discrimination and constructive dismissal after the high street giant allowed them to wear a name badge reflecting their new name but failed to update timesheets referring to their deadname.
The tribunal recommended Primark adopt a written policy to deal with transgender staff or those wishing to undergo gender reassignment. It also recommended that Primark’s policies and training materials on equality and handling grievances should be updated to refer to transgender discrimination and harassment.
CASE STUDY
Primark paid £47,000 in compensation after failing to put suitable processes in place to protect their transgender staff.
A transgender employee brought a successful claim of discrimination and constructive dismissal after the high street giant allowed them to wear a name badge reflecting their new name but failed to update timesheets referring to their deadname.
The tribunal recommended Primark adopt a written policy to deal with transgender staff or those wishing to undergo gender reassignment. It also recommended that Primark’s policies and training materials on equality and handling grievances should be updated to refer to transgender discrimination and harassment.
The terms you need to understand
Trans – an umbrella term to describe people whose gender is different from their birth sex
Trans woman – a person who was born male but identifies and lives as a woman
Trans man – a person who was born female but identifies and lives as a man
Non-binary – an umbrella term for people whose gender identity does not fit with that of a man or woman
Gender fluid – a term to describe someone whose gender identity is not fixed
Gender dysphoria – a term used to describe a sense of unease that a person may have because of a mismatch between their biological sex and their gender identity
Gender identity – a term used to describe a person’s innate sense of their own gender, whether male, female or something else which may or may not correspond with their biological sex
Gender critical – the belief that sex is immutable and can’t be changed
Legal sex – sex recorded on someone’s birth certificate
Gender recognition certificate – a certificate that legally changes sex
Deadnaming – a term for when someone refers to a trans person by the name they had before transitioning
Five tips to support your staff
The law protects trans people from discrimination and people who hold gender critical views. There’s no hierarchy of rights and protected characteristics shouldn’t oppose one another.
Employees have some freedom to express their protected beliefs at work if they do so reasonably. It’s sensible to set guidelines to make it clear that your organisation tolerates/embraces difference.
You can, and should, insist that staff who hold conflicting views treat each other with courtesy and respect, and express their views in a respectful way.
Talk to staff about what inclusion looks like in your organisation. Support awareness days, make positive statements, and celebrate and show support to your staff.
Five tips to support your staff
The law protects trans people from discrimination and people who hold gender critical views. There’s no hierarchy of rights and protected characteristics shouldn’t oppose one another.
Employees have some freedom to express their protected beliefs at work if they do so reasonably. It’s sensible to set guidelines to make it clear that your organisation tolerates/embraces difference.
You can, and should, insist that staff who hold conflicting views treat each other with courtesy and respect, and express their views in a respectful way.
Talk to staff about what inclusion looks like in your organisation. Support awareness days, make positive statements, and celebrate and show support to your staff.
1
Training – Consider providing training to all employees on inclusivity in the workplace including training specifically on trans and sex-based rights.
2
Regular meetings – If someone’s planning to transition or is transitioning, they may not want to discuss it with everyone. Offering support to your employee in the form of regular meetings with a line manager or member of HR gives them the chance to discuss how they’re feeling, the support they need and an opportunity to address any issues that arise.
3
Clear communication – Ask your employee how they want you to support their transition. They may want you to communicate their decision to their manager, team or a wider group of people, and/or to provide training to all employees to ensure that everyone understands how to behave in an inclusive and appropriate manner.
4
Being open – Having a “Speak Out” policy in place which allows any employee to raise concerns confidentially about potential inappropriate behaviour will help you address any issues that arise.
5
Pronoun usage – Put internal processes in place to make sure you don’t accidentally deadname or using the incorrect pronoun of trans staff. These should include payroll, HR systems and regular 1:1 communication.
Other steps you could take
You should also consider whether there are any areas in your workplace that aren’t inclusive and how you can adapt them to support all your staff.
Toilets and changing rooms are potential problem areas for employers. Guidance from the Government Equalities Office says, “A trans person should be free to select the facilities appropriate to the gender in which they present.” Gender-neutral toilets might be a solution, but their use needs to be carefully thought out to avoid discrimination.
Other steps you could take
You should also consider whether there are any areas in your workplace that aren’t inclusive and how you can adapt them to support all your staff.
Toilets and changing rooms are potential problem areas for employers. Guidance from the Government Equalities Office says, “A trans person should be free to select the facilities appropriate to the gender in which they present.” Gender-neutral toilets might be a solution, but their use needs to be carefully thought out to avoid discrimination.
“Listen to the employee. Let them lead the process. There’s no one right way to help an employee transition. Whatever they need, if it’s not unreasonable, try and provide it.”
Cat Burton, Retired pilot and chair of diversity charity GIRES.
Cat Burton says if you’re worried about deadnaming someone, “Treat a transition like you’re learning a foreign language”.
For example, when you first learn French you’re thinking in English, translating to French, and trying to keep up. You stumble and it doesn’t flow. As you progress you start thinking in French and become more fluent.
I said to my mum, “You’ve got to start thinking in Cat, because you’re currently thinking in my old name and then translating it. As soon as you start thinking of me as your daughter all that will stop for you.” She understood and from that moment on she never deadnamed me again.
Cat Burton says if you’re worried about deadnaming someone, “Treat a transition like you’re learning a foreign language”.
For example, when you first learn French you’re thinking in English, translating to French, and trying to keep up. You stumble and it doesn’t flow. As you progress you start thinking in French and become more fluent.
I said to my mum, “You’ve got to start thinking in Cat, because you’re currently thinking in my old name and then translating it. As soon as you start thinking of me as your daughter all that will stop for you. She understood and from that moment on she never deadnamed me again.”
Supporting Trans Employees
“In 1972 British Airways had a woman pilot, but they didn’t know it and at the time, neither did I.”
These are the words of retired pilot and Chair of the diversity charity GIRES Cat Burton. She gave an amazing insight into being a trans employee in our podcast. Alongside employment expert Helen Dyke, they discuss how employers can support trans employees, covering:
- Practical steps for employers
- The Equality Act, gender reassignment and gender recognition certificates
- Ensuring your policies are trans inclusive
- Trans-specific diversity training
- Consulting your staff
- Dress codes, bathroom access, pronouns and more.
Supporting Trans Employees
“In 1972 British Airways had a woman pilot, but they didn’t know it and at the time, neither did I.”
These are the words of retired pilot and Chair of the diversity charity GIRES Cat Burton. She gave an amazing insight into being a trans employee in our podcast. Alongside employment expert Helen Dyke, they discuss how employers can support trans employees, covering:
- Practical steps for employers
- The Equality Act, gender reassignment and gender recognition certificates
- Ensuring your policies are trans inclusive
- Trans-specific diversity training
- Consulting your staff
- Dress codes, bathroom access, pronouns and more.
Legal support
If you want to support your staff to become allies, there’s useful advice and information available. Our Diversity and Inclusion materials guide you through the things you need to know to help your organisation become more diverse.