How to manage gender reassignment in the workplace – Part 3

In yesterday’s blog we discussed disclosing gender identities, so in this blog we cover how to support your employees and what changes you can make in the workplace.

Managing changeover of an employee’s personal details:

Terminology – You should ask the employee how they wish to be addressed. If the employee is in agreement inform their colleagues and ensure they use the correct terminology.

Documentation – Employer and employee should agree what details need to be changed i.e personal records, access passes etc. A discussion of what will happen to previous records relating to gender should take place to ensure confidentiality is maintained.

Appearance and dress code – A gender neutral dress code could be applied or if not appropriate the employee should be able to follow the dress code in a way which best fits their gender identity.

Toilet, changing and shower facilities –  An employee should never be segregated and told to use particular facilities but be allowed to use those they feel best match their identity following gender reassignment.

Irvine, California, USA. 15th Feb, 2015. The University of California at Irvine campus has designated nearly two dozen public bathrooms as gender neutral using signage with ''Inclusive Restroom, '' written out in white letters below a white triangle featu

Dealing with a sensitive gender identity matter – Issues such as names and/or gender not matching their passport/ID need to be handled sensitively whilst still ensuring the company is compliant in its checks.  Having a third party a business can turn to, to handle these issues can be reassuring for both employer and employee.

Company health insurance scheme – To ensure trans employees are treated fairly, it is recommended for an employer to include treatments and procedures for gender reassignment in its scheme.

Absence from work because of gender reassignment – It is discriminatory to treat an employee, who is absent from work to undergo gender reassignment, less favourably. Depending on an employer’s policy for managing absence, they may wish to record absences due to gender reassignment, but shouldn’t include them in ‘absence triggers’. It may be worth considering if you offer limited special leave (at your discretion) which maybe paid or unpaid

Performance – It is recommended to make allowances for the trans employee’s job performance during transition and a short period afterwards, as surgery is likely to have temporary side effects.  An employee may ask to move to another role or change some duties which may cause difficulties whilst they transition or they may request a phased return to work, wherever possible this should be considered and catered for.

Trans and mental health – A person questioning their gender may experience mental health problems such as anxiety and depression. An employer can support the employee, by providing a welcoming and safe environment at work.

Transgender discrimination5

Support an employee with a family member transitioning – It is a type of direct discrimination to treat an employee less favourably than another because of the gender reassignment of someone they are associated with. The impact on an employee with a family member who is transitioning can be considerable; therefore you should treat them with sensitivity and provide them with support such as time off.

Develop trans inclusive policies  – Trans inclusive policies will need to be rolled out. Matters covered should include:

  • Transitioning at work including leave and pay
  • Dress code
  • Toilet, changing and shower facilities
  • Employee’s personal records and how these will be dealt with
  • If possible how an employee can transition to another role/department
  • How an employee should report any gender reassignment discrimination
  • Unacceptable behaviour towards employees inclusive of those of non-binary identities
  • Maternity/paternity/adoption/shared parental leave

These processes are always best supported by HR and it may be advisable to outsource your projects where possible. HR Revolution can carry out any project to ensure the process is performed unbiasedly.

If you need further information or guidance, give HR Revolution a call +44 203 538 5311 or email: info@hrrevolution.co.uk or visit www.hrrevolution.co.uk  where our expert CIPD HR professionals are waiting to help you with any questions you may have.

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