Transgenderism and gender recognition are complex topics, which businesses are all too often guilty of sweeping under the rug.  This may be simply because they are issues considered too thorny to deal with, or perhaps because they affect so few people that companies take the view that they could be dealt with on an ‘as needed’ basis.  Most often, the issue is lack of awareness and fear of offending.

Dealing with issues relating to transgenderism on as ‘as needed’ basis, such as an employee transitioning, might, at first glance, appear to be a reasonable approach.  After all, between the Gender Recognition Act 2004 coming into force in 2005, and 2018, only 4,910 trans people had been issued with Gender Recognition Certificates which legally recognise their gender by changing their birth certificate.  However, the perception that there are too few transgender people in the UK to worry about transgender discrimination or gender recognition is false. A report published by the Government Equalities Office in 2018 estimated that there were between 200,000 and 500,000 trans people living in the UK.  That is far too many people for businesses to fail to recognise the issue.

Transgender discrimination is an important issue which deserves real attention.  In a Totaljobs Trans Employee Experiences Survey published in 2016, up to 38% of those surveyed had experienced discrimination at some stage of their employment as a result of their trans status and 52% of participants said they felt the need to hide their trans status from their employees or colleagues.  This only further serves to compound the issue of dealing with trans issues on an “as needed” basis – many employers will not be aware that they have a trans employee.  Further, 24% of those surveyed who were employed at the time they transitioned stated that they received no support or guidance from their employer regarding their transition, and 36% said they had left a job as a result of an unwelcoming environment.

There is also a business case for encouraging diversity.  Aside from avoiding prospective claims, 43% of trans people look for trans-friendly companies when applying for work, meaning you have a wider range of candidates available to you.  Further, a Boston Consulting Group Study in 2018 found that diverse businesses are more profitable – boasting up to 19% higher revenues.  There really is no downside to creating an open and accepting workplace.

However it is recognised that transgender issues in the workplace are complex and multifaceted, and businesses will not want to offend by doing the wrong thing, so here we set out some simple, practical tips to encourage a welcoming and diverse workplace:

1. Admit what you don’t know.  It is most often the youngest workers who will lead the charge for change in the workplace, and will often have better awareness of trans issues than their older counterparts. Admitting a level of ignorance as a business owner or manager is no bad thing.  Of course, business owners have a duty to educate themselves but consider involving your younger staff in your quest for improvement, for example by introducing reverse mentoring or inviting comment or suggestions on how and where you can progress.  

2. Put in place policies.  It seems simple enough but it should be clear to all – including staff, customers and suppliers – that your business is an equal opportunities employer.  This includes an equal opportunities policy, guidance and training for hiring managers about equal opportunities hiring policies, as well as clear information in grievance and disciplinary procedures regarding the business’s view on harassment and discrimination in the workplace.  Your policies should include a policy for transitioning staff including information on how to inform the company and support available, such as time off for medical appointments.

3. Recognise that policies aren’t enough.  You might be rolling your eyes that I’m now telling you that the policies I told you to put in place aren’t worth the paper they’re written on – but don’t close this webpage just yet.  Policies are necessary and whilst having these policies is great, they are meaningless unless supported and enforced with practical action.  It is not enough the pay mere lip service to the issue (similar to greenwashing for environmental issues).  Meaningful change requires visible, positive action.  Procedures should be followed in a fair and transparent manner and training should be provided to staff to prevent misunderstandings – in summary, you’ve got to walk the walk, not just talk the talk.

4. Mind your language.  Language is hugely important.  From misgendering to deadnaming (where a trans person is incorrectly called by their birth name which they no longer use), whether intentional or careless, inappropriate language can be disrespectful, offensive, and hurtful.  It is easy to include on application or induction forms sections for employees to state their preferred pronouns and chosen names (which may not always be those on their passport/drivers licence).  Once you have this information, ensure that you use it and ensure that others do as well – you should not tolerate your staff deadnaming another employee.

5. Follow the leader.  If you have trans employees, you should follow their lead.  Don’t assume that one size fits all.  Some trans employees may be comfortable with their colleagues knowing their status, others may not.  There is no harm in asking any employee what you can do to support them.

6. Open door policies.  You don’t actually have to have an ‘open door’.  By an ‘open door policy’ I mean listen to your staff, particularly if they are raising complaints or concerns about the treatment they are receiving within the workplace.  No workplace is perfect and your cannot always control your staff.  Issues are likely to arise but they should be dealt with quickly, fairly and appropriately when they do. 

7. Recognise that change can be slow.  Change doesn’t happen overnight and problems will occur.  When they do, it may require some innovation and flexibility on your part.  For example, where offensive language has been used and the perpetrator did so out of ignorance or a lack of awareness, consider workplace mediation.  If the victim is comfortable doing so, you could suggest sitting down at a neutral mediation and having them explain why the language was inappropriate and offensive.  Education can often be more effective than punishment, and the only thing that can really be asked of businesses is to consistently strive to do better. 

Should you have any queries about the issues raised in this article, or on any employment related matter, please contact our expert Arvin Sandhu by email or on 01494 893 542.