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.

 

Employment Tribunal Fees New Ruling – Will it affect you?

After arguably one of the biggest employment law rulings this year, the Supreme Court has ruled that Employment Tribunal Fees are unlawful, that they prevent access to justice and have been abolished with immediate effect. You may now be wondering what this means for you?

Effectively it means it is easier for an employee to take a case to an employment tribunal if they feel they have been unfairly treated or they feel their employer has broken the law.  Since the introduction of fees in 2013, the number of employment tribunals brought to court has dropped by almost 70%.  The removal of fees is highly likely to now mean this number will rise.

With some of the most common errors made during a disciplinary process including; not following the ACAS Code of Practice, including new allegations without investigation, not warning the employee of possible consequences and not checking what penalties are allowed under the disciplinary policy there are many areas that can mean your employee may successfully win in a case against you even if in your eyes they have done something wrong.  With the fees now removed to bring a case against an employer, it is much more likely that these cases will be taken to an employment tribunal and it is therefore essential you have done everything right first time.

“Protect your business from the potential risk of increased claims”

With collectively over 30 years’ experience of handling situations such as this, we at HR Revolution can support you to reduce this risk by giving advice to ensure you are following the correct processes and procedures and ensure you don’t breach any legislation as an employer.  Disciplinary, grievance and redundancy situations are complex and need to be done right for both the employer and the employee.  We can help simply by guiding you through the process to undertake yourself or run the process for you ensuring you avoid the pitfalls as well as any risk of a claim of unfair dismissal.

If you would like to talk to us about how we can help you in any employee relations situation whether you are at the start or mid-way through the process, please contact us at 0203 538 5311 or email info@hrrevolution.co.uk in confidence.

HR Revolution – www.hrrevolution.co.uk