Transgender Equality Policy
Outline your new or revised process, policy, project or event
New policy on Transgender Equality
There are several clear legal responsibilities on employers within the UK regarding the protection of transgender people from discrimination and harassment. Where transgender staff are not supported well it has the potential to be damaging for individuals, for workforce relationships and the organisational reputation.
The policy is based on established good practice. Its sets out how an organisation is currently required to support transgender individuals and recommends additional actions to support staff in line with SEPA as a 21st century inclusive employer.
The policy act as a support toolkit for staff and managers who may require this information at any point in their SEPA careers, and acts as an information source for all staff.
Notes
Legal responsibilities set out in the Equality Act 2010 and The Gender Recognition Act 2004 (for anyone applying for or holding a Gender Recognition Certificate).
Policy based on the following good practice:
- Recruiting and retaining transgender staff: a guide for employers- Government Equalities Office Published: 26 November 2015
- UNISON model policy: Trans equality guide and model policy. Published: 11/13/2017.
Policy development group:
- SEPA AMT sponsor,
- SEPA corporate legal services rep,
- SEPA Human Resources rep, and
- SEPA UNISON LGBT+ officer.
Draft reviewed by SEPA Equality and Human Rights officer. Policy presented to SEPA AMT October 2021 and December 2021.
Who will your project impact on? What evidence do we have of who the project will impact on?
- Transgender staff
- Staff who have family members who are transgender
- Managers supporting staff who are transgender
- Managers supporting staff who have family members who are transgender
- Those involved in transition at work corporate processes such Human Resources and Information Services staff
- All staff
Notes
Around 1% of the population are trans
External source: Gender Identity Research and Education Society (GIRES) - The number of Gender Variant People in the UK (Published: 2011, GIRES)
SEPA do not hold any equal opportunity information relating to gender reassignment.
What impact will it have on people and different groups of people?
Could your project negatively impact on those within the Protected Characteristics and effect their opportunity to access or benefit from it?
Equality Act 2010 - protected characteristics:
- Age - potential positive impact
- Disability - no impact
- Sex - no impact
- Race - no impact
- Religion / Belief - no impact
- Sexual Orientation - no impact
- Gender Reassignment - positive impact
- Pregnancy / Maternity - no impact
- Marriage / Civil Partnership - no impact
Notes
Gender reassignment characteristic: positive impact.
External source: LGBT in Britain Trans Report (Published: Stonewall 2018.): “One in eight trans employees (12 per cent) have been physically attacked by colleagues or customers in the last year. Half of trans and non-binary people (51 per cent and 50 per cent respectively) have hidden or disguised the fact that they are LGBT at work because they were afraid of discrimination.”
Report recommendations include: “Develop a policy to support trans employees who are transitioning, including information on confidentiality, dress codes and using facilities, with related guidance for line managers”- This policy meets this recommendation.
Age - potential positive impact - This policy will act as an information source for staff and may positively benefit staff who may want to those who are wanting to become more aware or knowledgeable of transgender equality but for whom education on LGBT+ issues was not given.
Disability - no impact - Policy is written on standard SEPA template and can be provided via accessible technologies if required.
Marriage and civil partnership - No impact - This policy is to be applied equally to those who are in married/civil partnerships as are not.
Pregnancy and maternity - No impact - This policy is to be applied equally to those who experiencing pregnancy and maternity as are not.
Race - No impact - This policy is to be applied equally to people of all races.
Sexual orientation - No impact - This policy is to be applied equally to people of all sexual orientations.
Sex - No impact - This policy is to be applied equally to all sexes. (Please see religion/belief category for beliefs around sex/gender).
Religion/belief - policy does not negate a person’s right to beliefs surrounding issues of gender and sex but does establish no tolerance
of discrimination, victimisation, or harassment on the basis of a person’s gender identity, gender expression or trans status.
This is in line with Forstater v CGD Europe and others, EAT June 2021. Impacts around beliefs around the use of same sex facilities - policy wording on this matter is in line with the Recruiting and retaining transgender staff: a guide for employers- Government Equalities Office. Published: 26 November 2015. Policy does not propose any changes to current processes and no reductions to number of same sex facilities. Policy provides for staff to raise any queries about the provision of toilet or changing facilities to HR.
What actions will we take to eliminate, or limit to the best of our abilities, any negative impact?
Policy reflects overarching SEPA processes such as:
- Equal Opportunities Statement
- Grievance Procedure
- Dignity & Respect at Work Procedure
- Code of Conduct
- Conduct and Capability Procedure
- Leave to deal with Personal Matters
- SEPA Managing Attendance Handbook
- Sickness Payment Entitlement
- Incapacity Income Support (IIS)
Policy has been based on good practice and policy development group was set up to include UNISON (SEPA’s recognised trade union), corporate legal services and human resources.
The policy provides for staff to raise queries on the application of the policy.
Further information
For advice regarding this form or any other questions please email Business Strategy.
Lead Project Officer: Mark O'Brien (Signed 14/06/22)
Senior Leader: Kirsten Laird (Signed 23/06/23)