What You Can Do To Support Your Staff
Here are our top tips to help you make changes that will make a big difference.
Training
You should consider providing training to all employees on inclusivity in the workplace including training specifically on trans and sex-based rights.
Regular meetings
If someone’s planning to transition or is transitioning, they may not want to discuss this with everyone. One thing you can offer your employee is regular meetings with a line manager or member of HR. This will help your employee discuss how they’re feeling, what support they need and address any issues that arise in the workplace.
Clear communication
Communication will be key. Ask the 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.
Being open
Having a “Speak Out” policy in place which allows any employee to raise concerns confidentially about potential inappropriate behaviour will help you to address any issues at the earliest possible stage.
Pronoun usage
You should also consider internal processes to ensure that you are not inadvertently deadnaming or using the incorrect pronoun of trans staff. This will include payroll, HR systems and regular 1:1 communication.
High Street giant pays £47,000 in compensation
Primark are an example of a company that didn’t put in place a suitable process to protect colleagues identifying a co-worker as trans. They allowed the employee to wear a name badge reflecting their new name but didn’t adjust the timesheets which referred to the trans employee’s deadname.
The employee brought a successful claim of discrimination and constructive dismissal, and was awarded £47,000 compensation. Primark received negative media coverage and the tribunal recommended that they adopt a written policy to deal with transgender staff or those who wish to undergo gender reassignment. It also recommended that transgender discrimination and harassment is referred to in its policies and training materials on equality and handling grievances.
The Equality Act 2010 also protects employees who are absent from work because they are undergoing gender reassignment treatment. Employers must not treat them less favourably than other members of staff who are absent for different medical reasons and should give time off in line with your usual policy.
Again, communicating with the employee about their absences, the reasons for the absence and any adjustment that can be made to the workplace to help them on their return should be considered.