Supporting Transgender Employees In The UK Workplace

The issue of treatment towards transgender employees is an increasingly important one in the world of employment law. Conduct regarding this sensitive matter has long needed an official governmental position which has now finally become a reality.

The official definition of the transgender process is “Gender reassignment” which is “when a person takes steps to alter the outward expression of their gender so that it is better aligns with sense of who they are”.

Nicky Morgan, the UK Minister For Women and Equalities, has spoken of the recent release of two documents containing employer guidelines on the matter. These documents are known as ‘The recruitment and retention of transgender staff’, and ‘Providing services for transgender customers‘

These guides provide businesses with the information they need to help in the recruitment and training of transgender employees, along with advice on how to deal with common issues that may arise.

Ms Morgan has acknowledged the existence of gender prejudice in the UK workplace: “Many transgender people still face discrimination in the workplace, as well as in their day-to-day lives. The guidance for employers and service providers we are publishing today is an important step towards helping improve knowledge and understanding to ensure all members of our society can live their lives free from discrimination”

The notion of gender is explored in all its complicated reality throughout both guides. Employers are advised that it is not always possible to identify a person’s gender simply by looking at them or hearing their voice. Here is a brief overview of each report.

Providing Services For Transgender Customers

The Providing Services For Transgender Customers guide provides guidelines that will “set the atmosphere and culture” for transgender employees in a workplace. This ranges from physical concerns to verbal and written forms of identification. The report elaborates on the rationale for such changes: “Our different backgrounds, experience and perspectives mean we think about issues in different ways, see new solutions and opportunities to improve”.

Major employers from across the UK have expressed support for these new guidelines. From domestic supermarkets like Sainsburys and Asda to international restaurants like MacDonalds have expressed their support for the new the criteria. The report also highlights the problems that discrimination can cause both for the workforce and for a business as a functioning unit: “If barriers exist to the recruitment and retention of transgender staff, employers miss out on this potential.”

The report also argues that companies which adopt policies that support transgender lifestyles are far less likely to receive complaints from the public and will make legal action against businesses by transgender people less likely to occur.

The report also illustrates that fair treatment of transgender employees is not only expected of staff but also of the public should the nature of the position be a customer service role. Businesses that find their employees experiencing hateful actions by the public have a duty to prevent this where possible, with legal assistance if necessary.

The Recruitment and Recognition of Transgender Staff

The second report known as “The Recruitment and Recognition of Transgender Staff” is intended to ensure that existing transgender employees are assisted. Employers are advised to conduct regular checks that consider whether their business is attracting a diverse number of employees and that their needs are being met.

Interestingly the report does not suggest that changes should made must for the convenience of transgender employees if they request otherwise, as such changes may either directly or indirectly isolate the employee and alter how they are perceived at work.

Instead the guide urges fair treatment in the workplace without introducing changes that anticipate issues of offence which could unintentionally separate employees from their co-workers and prevent career opportunities. The guide sums this up by stating that employers should “be mindful of issues that can arise, but don’t expect there to be problems”.