Acas has released updated guidance for employers on gender reassignment discrimination.
As a UK employer, you are responsible for preventing gender reassignment discrimination in the workplace and promoting an inclusive, supportive culture.
The new guidance replaces the previous 2017 version and provides employers with practical examples of discrimination, harassment and victimisation related to gender reassignment in the workplace.
Updated Gender Reassignment Discrimination Guidance
This latest Acas guidance encourages employers to:
a. Create an Inclusive Culture: Ensuring all employees understand that discrimination and transphobia are unacceptable, and recognise the benefits of diversity and promoting inclusivity.
b. Support Transgender Employees: Establishing supportive measures for employees undergoing gender transition. This includes discussing time off for medical appointments, adjusting records and respecting employees’ preferences around name, title and pronouns.
c. Implement a Transitioning at Work Policy: Particularly relevant for larger organisations, this policy should outline the support to be provided before, during and after an employee’s transition. The policy should also integrate with other HR policies on absence, healthcare and privacy.
d. Ensure Confidentiality: Handling information about an employee’s transition discreetly and sharing it only with consent. Respect an employee’s choices about when and how to inform colleagues.
e. Adjust Policies for Absences and Facilities: Reviewing absence policies to support transgender employees without treating transition-related appointments unfavourably. Also ensure comfort with workplace facilities and, where necessary, provide self-contained toilets or secure changing spaces.
f. Appoint an LGBT+ Champion: This role, ideally held by a senior staff member, involves advocating for LGBT+ inclusivity and supporting employees who are transitioning.
g. Establish an LGBT+ Network: Introducing a dedicated staff network for LGBT+ employees and allies to discuss issues and share experiences.
The new guidance also emphasises the importance of balancing gender identity rights with gender-critical beliefs in workplaces, as Acas may be consulted to mediate these sensitive areas before legal action is pursued.
Current Law on Gender Reassignment Discrimination
The new guidance shares practical measures to help employers meet their legal obligations to prevent unlawful discrimination. The Equality Act 2010 includes gender reassignment as one of nine protected characteristics, protecting individuals from discrimination, harassment and victimisation.
The provisions of the Act apply to employees, contractors, job applicants and former employees.
Under the law, ‘gender reassignment’ involves transitioning, even partially, and an individual is protected from the moment they propose to transition, regardless of whether they undergo medical treatments or obtain a Gender Recognition Certificate (GRC).
Employers are advised against requesting to see a GRC and must keep such information confidential.
The law may also protect non-binary individuals and those with variations in sex characteristics, depending on context.
In practice, discrimination can occur due to workplace decisions or behaviours, whether ongoing or isolated incidents, and can take place onsite, remotely, or during work social events.
Employers are responsible for establishing procedures for employees to report discrimination, ensuring support for those affected and treating accused individuals fairly without bias.
Employers should investigate complaints sensitively and fairly, considering the experiences of complainants, witnesses, and the accused. This approach ensures a supportive environment, upholding the wellbeing of all parties involved.
Advice for Employers
In light of the updated Acas guidance on gender reassignment discrimination, employers should take proactive steps to review and enhance their workplace policies and culture. This could include:
a. Review Existing Policies and Practices
Employers should begin by updating policies to align with Acas’s new guidance. A clear policy supporting employees in transition is essential, outlining available support, confidentiality, and respectful use of pronouns. Absence policies should also cover transition-related medical leave, ensuring these absences are treated as standard medical leave to avoid discrimination.
b. Promote an Inclusive Culture
Building an inclusive culture is crucial for preventing discrimination. Employers should train all staff, particularly managers, to foster understanding of gender reassignment rights and respect for chosen pronouns. Awareness campaigns and education on using correct pronouns can help reinforce a supportive environment and ensure everyone understands that discrimination and transphobia are unacceptable.
c. Implement Practical Support Measures
Employers must offer practical support to transgender employees by equipping managers to discuss and accommodate transition needs, such as name changes and time off. Flexible facilities, like gender-neutral toilets, and adaptable dress codes are also important. Appointing an LGBT+ champion and, where possible, establishing an LGBT+ network can provide further support.
d. Balance Conflicting Beliefs
In workplaces with differing views on gender identity, employers should encourage respectful, open dialogue while balancing rights fairly. If conflicts arise, Acas mediation services can help resolve these issues without immediately resorting to legal action.
e. Regular Monitoring and Feedback
Employers should regularly review policies and gather feedback from staff to assess the impact of inclusivity measures, adjusting as needed to meet best practices and legal standards. Regular monitoring reinforces a commitment to a supportive workplace for transgender employees and all staff.
Need Assistance?
For advice on the updated guidance, or for support with ensuring your organisation’s discrimination policies and procedures are compliant, contact our employment law specialists.
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
