Transitioning at work

Agreeing to a process

We will take account of the individual's views on how to proceed. Sensitive and considered discussions can identify areas of difficulty and conflict. The discussions aim to resolve any issues before they arise.

We will not inform anyone that an employee plans to transition without their explicit consent.

It is important at an early stage to agree to a process.  This will involve the employee, their manager and HR.

The LBGT staff engagement group can also provide support and advice.  To contact the group, email LGBT_staff@lincolnshire.gov.uk.

We understand that not all details will be known at the outset. Key elements of this process should include:

• when the employee's name, personal details and social gender will change
• whether the employee prefers to:
  • stay in their current post, or
  • consider redeployment on a temporary or permanent basis and how this may be accommodated
• estimating time off for any medical appointments, treatments and surgical procedures and how to handle this absence
• amendments to records and systems to take account of the change of personal details
• when and how colleagues should be informed.  The employee should decide who performs this task and whether any training in trans equality issues is needed
• how to handle any harassment or adverse reaction or media interest
• advising colleagues to refer to the employee by their new name and use appropriate pronouns
• the use of changing and toilet facilities. Subject to an equality impact assessment our aim is that the employee will use the facilities for their new gender from the day they return to work after transition. It is not appropriate to allocate specific facilities to the employee
• having access to any uniform. Some trans employees may need access to both the male and female uniforms. Managers will be flexible and will support the preferences of the trans person wherever possible. Trans employees have the right to comply with any dress codes in a way that reflects their gender identity and gender expression
• managers ensuring appropriate or updated ID badges are in place for the employee

Absence

Most surgical procedures will require paid absence from work under the sickness absence policy.  Time off for transition-related surgery will be considered as authorised absence.

The amount of paid leave will vary as each individual's transition journey will be different.  Managers must adopt a positive, pragmatic approach.

Employees need to feel confident and supported throughout their transition journey.  They should not be left feeling vulnerable or that they have been disadvantaged.

Managers will review the amount of time off if it exceeds what was expected at the beginning of the transition journey. The manager will discuss with the employee how they manage any additional time needed.  Policies to consider are annual leave, flexible working and sickness absence.

Managers should be flexible to meet requests for leave or changes in working patterns within the needs of the service.

For medical appointments, see the provisions within the sickness absence policy.

Recruitment

There is no requirement for a trans person to disclose their status as a condition of employment. If a disclosure is made as part of the recruitment process, this must be kept confidential by all those involved.

Trans people may have to disclose their previous identity when asking for references from past employers.  Such information must be kept confidential.

References requested for past employees should be provided in the name that will be used in the new job.  Any former name must not be disclosed.

As part of the recruitment process, a disclosure and barring service (DBS) or basic disclosure check may be required. For this check, individuals must disclose any previous names and gender. To maintain confidentiality, the DBS has a special application procedure. 

Gender confidentiality will be maintained where the individual has no criminal convictions and where there is no other information held by any police authority.

If an individual has convictions under their previous gender that are relevant to the post, then the gender change would be evident.  The DBS disclosure certificate would show both gender names.

Employees who are registered with a professional body should contact them to see if there are any specific requirements regarding the change of details. If previous registration details need to be held, these must be kept confidentially on the employee’s personal file.

Records

The employee’s records will be changed when the appropriate documentation has been provided. Names and titles can be changed by deed poll or statutory declaration.

Trans people can apply to the gender recognition panel to obtain a gender recognition certificate (GRC)

When records are changed to the correct gender, the employee’s personal file will be updated and held securely.

We will ensure that all documents, public references and employment details reflect the correct gender of the employee.

Copies of existing documents (such as birth certificates) should be replaced with the equivalent documents in the correct gender.  Sometimes documents that relate to the employee's gender at birth, such as for pension purposes, are retained. Upon receipt of a GRC, the new details must be used.  Access to records should be restricted.

Pension

Pension records will need to be amended to reflect the change to the correct gender. There may be some implications surrounding the GRC, ma