LEGAL
Transgender in the workplace: Top tips for employers
Leading Nottingham-based solicitors Rothera Sharp looks at what businesses should be doing to protect the rights of transgender employees.
When it comes to equality within the workplace, the transgender community is one of the minority groups that most often faces the challenges of inadvertent or deliberate discrimination. A recent survey undertaken by
YouGov revealed that half of transgender and non-binary people have hidden or disguised that they are LGBT in the workplace for fear of being discriminated against, and one in eight transgender employees reported being physically attacked at work by customers or colleagues during the previous year. With such shocking statistics, it is more important than ever for employers to show that they have policies in place to accommodate transgender employees and stamp out transphobic bullying and harassment in the workplace. Companies have a legal
obligation towards transgender workers under the 2010 Equality Act, which states that employers
must ensure their staff are not discriminated against over their age, race, sexuality, gender or gender identity. There is also the Gender Recognition Act 2004, which enables some transgender people to have their gender recognised under the law. Below we offer tips for employers
on making their workplace a supportive environment for transgender employees:
1. Communicate with your employees Being transgender is not one universal experience for all, therefore it is important to have flexible and tailored approaches in place. In some instances a confidential memorandum may be beneficial, whereby the employer and employee can agree on certain things like use of facilities, new equipment required and time off work if the employee is undergoing gender reassignment.
2. Look up relevant policies and brush up on legislation Are your current policies sufficient or do they need to be reviewed, especially those relating to protection against harassment and discrimination and data protection, flexible working/taking time off? Make sure you are clued up on relevant legislation like the Equality Act 2010 and the Public Sector Equality Duty and Gender Recognition Act 2004.
3. Address any preconceptions If you or any of your staff have preconceptions about transgender people, staff training on transgender issues could help minimise misunderstandings or offer guidance on how to support a colleague who is transitioning. You could also introduce staff networks to represent transgender people and advocate for better inclusion, as well as provide confidential peer support.
4. Awareness of bullying and discrimination Employers should ensure that employees and third parties are aware that there is a zero-tolerance policy towards bullying and discrimination, and make sure that transgender employees know the process for making a complaint in confidence.
5. Follow up with employees Maintain an open dialogue with your employee about any additional support they might need.
Gender transition can be a challenging time and continuing to work during this time can be difficult, particularly without the right support. By offering your transgender employees a supportive and comfortable environment in which to work you will not only earn their respect but make them feel motivated to perform to the best of their ability.
68 business network May 2018
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