TUC guidance on supporting transgendered workers

The TUC has produced guidance for reps on supporting transgendered workers in the workplace. It emphasises how the process of changing gender is slow and stressful and requires sensitivity. Research shows that transitioning at work is the situation most likely to result in discrimination and harassment.

Individuals whose transgender treatment is provided through the NHS will be expected to commit to the “real life” test before hormones are prescribed. The “real life” test is where an individual begins to live as a member of the new gender and may have records, such as a driving licence or passport, changed to reflect this. One year is the minimum recommended period for the “real life” test. However, the TUC says that NHS patients may be expected to have a minimum of two years and often more. Following the “real life” test, for an individual intending and able to undergo surgery, they undergo corrective surgery. The TUC suggests to reps that:

• At every point, all steps taken in the workplace must be agreed with the worker with maximum confidentiality until such time as the member wishes otherwise.

• In larger workplaces, the member may wish to transfer to a different role on taking on the new gender, necessitating early contact with HR or an appropriate manager, and careful planning, taking into account the need for confidentiality.

• A support plan needs to be drawn up, including issues such as what information and training is needed for managers and colleagues. The trans worker may want to take leave before returning in the new gender, which can provide the opportunity to brief colleagues and managers, emphasizing the need for proper treatment of the worker.

• The plan must address how to deal with any time off for medical treatment, including time off to attend a gender-identity clinic at intervals before and after surgery, and also to address other issues such as hair removal and speech therapy. At minimum under the Equality Act 2010, a transgendered worker must not be treated less favourably than someone off work due to sickness.

• The plan should identify the point at which the new identity is formally established in the personnel record, and any consequential adjustments, for example to security passes, choice of name for directories and so on.

• It is good practice for an employer with a dress code to allow for flexibility during transition and to respect the individual’s wishes as to when they feel comfortable changing to the uniform of the new gender.

• Agreement needs to be reached on the use of toilets and changing facilities. Here it will be appropriate to agree with managers that the individual starts to use the facilities for their new gender when they begin to live in that gender. This needs to be explained to colleagues.

• If the employer does not already include gender identity within any anti-harassment policy, this must be negotiated at an early stage.

• There may be pension implications to consider and it may be appropriate to consult with union pension experts so as to negotiate the most beneficial outcome.

• Union reps who are asked to support a trans member should seek expert advice from specialist campaigning websites such as Press for Change (www.pfc.org.uk)

A number of unions have produced updated guidance for reps representing transgendered employees. ASLEF, for example, has produced a guide, More than just a union: best practice guidelines for transgendered workers, which contains detailed helpful advice for reps, including advice on tackling harassment. In particular, the guide makes the point that a worker who has completed their transition may no longer regard themselves as being under the trans umbrella. “In such cases, they simply describe themselves as men or women, and it is disrespectful to insist on calling them trans, transgender or transsexual against their wishes”.