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.

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.

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.

HR Revolution; supporting you, your employees AND your business.

 

How to manage gender reassignment in the workplace – Part 2

In yesterday’s blog we talked about discrimination in the workplace, today we discuss disclosing gender identities.

The job applicant: A ‘transsexual’ person is not required to tell a prospective employer they have changed gender when they apply for a job, it should always be up to them to decide whether to disclose or talk about their gender identity – for fear being misunderstood and/or treated unfairly.

The employee: A person who is starting (or intending) to go through gender reassignment will in practice have no choice but to tell their employer.  The employee will then agree with the employer what information can be shared with whom and when.

Other general rules: Employers and colleagues must not ‘out’ an employee or applicant as trans as they could breach laws. Also, apart from in certain circumstances, it is a criminal offence to reveal, without the person’s permission, that they hold a gender recognition certificate or have applied for one.

If an employee or applicant who is trans decides that some information can be shared, the employer should, without pressuring the employee, talk to them about:

  • What they do and don’t want their colleagues to know
  • Who will be told, who will do the telling, where, when and how, and
  • Whether the employee will be there.

It is advisable that communication of any information to be shared is noted and recorded, and happens before the employee changes their appearance.

Employees disclosing their trans identity to a supportive employer can feel more comfortable at work, with a likely improvement in their morale and productivity, too.

Depending on the employee’s role, it may be beneficial to discuss and agree whether some limited information about their trans identity or gender reassignment should be communicated to clients and customers the employee regularly deals with.

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.

Look out for Part 3 of the blog tomorrow.

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.

HR Revolution; supporting you, your employees AND your business.

 

How to manage gender reassignment in the workplace – Part 1

The Equality Act 2010 says that you must not be discriminated against because you are transsexual – that is, your gender identity differs from the gender assigned to you at birth.  In the Equality Act it is known as gender reassignment. All transsexual people share the common characteristic of gender reassignment.

Employers, managers and colleagues should be aware that no two gender reassignment situations or two ‘trans’ identities are likely to be exactly the same.  If an employee feels they have been discriminated against, they will be able to bring a claim to an Employment tribunal.

We have put together a three part blog that highlight where you need to be more vigilant when it comes to gender reassignment discrimination in the workplace.

Recruitment

Job advert/job description – These documents can be difficult to write at the best of times; try to ensure they are clear on exactly what is needed for the post.

Advertising – You should consider more than one type of media or advertising platform to avoid ending up with too narrow an audience.

Personal information – Make sure any information you request is relevant to the recruitment process.

Interview – When you meet an applicant, do not assume someone’s gender by their appearance.

References – When contacting a previous employer for a reference always ensure you have the employees consent and be careful to use the correct name and title.

Equality monitoring form – You do not have to track how many job applications you receive from different groups of people, or the characteristics of the people working for you. However, if you do collect personal information (e.g. ethnicity, gender, faith, sexuality) about job applicants or an employee, you must protect their data. You must not discriminate against a candidate based on their personal information.

Pay, terms and conditions of employment

It is important to ensure there are no terms and conditions or contractual benefits that disadvantage or exclude someone based on their gender or gender reassignment.

Promotion

In promotion opportunities, discrimination can be:

  • Turning down applications from anyone because they are proposing to reassign their gender
  • Discourage an employee from applying because they have or are reassigning their gender
  • Not promoting an employee who is the best person for the job based on gender reassignment.

As an employer you have a duty to assess someone’s promotion based on their ability and performance. It is advisable to have a well-structured process for promotions and link these to performance reviews where possible to eliminate the risk of discrimination.

Training

An employer should ensure training opportunities are equally accessible for employees who propose to go through, are going through or have gone through gender reassignment. You should also ensure that you do not withhold training due to those reasons as it could be discriminatory.

Dismissal

It is unlawful for an employer to dismiss an employee because of their gender reassignment, perceived gender reassignment or association with someone else’s gender reassignment.

Redundancy

An employee must not be at a disadvantage or discriminated against in a redundancy process because of their gender reassignment, perceived gender reassignment or association with someone else’s gender reassignment.

When going through redundancy consultations any employees absent because of gender reassignment should still be consulted with.

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

Look out for Part 2 of the blog tomorrow.

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.

HR Revolution; supporting you, your employees AND your business.

 

 

There is no room for hate in the workplace

We’re currently living through some very uncertain times and there seems to be a story in the news weekly detailing the terrible things that are happening all over the world including acts of violence, racism, terrorism the list goes on. Sadly there is clearly a lot of hate around and that can sometime creep into the workplace, with people passing their opinion and judgement or just because some people stereotype and judge people unjustly.

So what exactly do employers need to be aware of, and what are your responsibilities as we navigate our way through what’s going on around us? Read on for advice and guidance.

Take a zero-tolerance approach to discrimination and harassment

If you witness hateful incidents in your workplace, it’s your responsibility to take action. Leaders should never turn a blind eye to such situations, and if you were to take this route, you’d be likely to find that everything very quickly escalated out of control.

Many of our clients employ diverse workforces and enjoy the many benefits of doing so, but it’s important that you have a plan in place when problems arise. Act fast, and in line with your existing people policies. Be firm, and lead by example. This is no time for waiting around or being ambiguous with your actions.

Contact the appropriate authorities where necessary

Some problems can be nipped in the bud immediately with some clear communication and a firm stand. Sometimes though, there are deeper issues at play, and things can very quickly spiral out of control. It may be the case that you need to involve the police.

This may seem like a big step to take, but it’s vital that you remember that you have a responsibility as an employer. The authorities will be able to give you advice on what to do next, and will be able to take any necessary steps to ensure that the situation is managed in accordance with the law.

Our advice for handling such issues is short and to the point. Take action quickly, and take a stand against any such behaviour.

If you suspect that your discrimination and harassment policies may be outdated or no longer fit for purpose, then now would be a great time to complete an audit of exactly where you are, and what challenges may be ahead.

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