Legal requirements
Harassment or victimisation
To harass or victimise someone on the grounds of gender is unlawful discrimination.
If the individual feels they are suffering from harassment or victimisation, they may seek help via our grievance policy and procedure and diversity and inclusion policy.
The following websites offer further advice and support
Gender Recognition Act 2004
This Act allows people aged 18 years and over to gain full legal recognition for the gender in which they live. Once a person receives a Gender Recognition Certificate (GRC), they are legally of that gender and will have all the associated rights.
Employment rights do not depend on whether a person has a GRC. We will not ask for a person’s GRC, and it should never be a pre-condition for transitioning at work.
When applying for a GRC, a person needs to show they have been living and working in that gender for at least two years.
Anyone applying for or holding a GRC has particular privacy rights. It is a criminal offence to disclose information acquired 'in the course of official duties' someone’s gender without the consent of the person affected.
Equality Act 2010
The Equality Act 2010 protects against discrimination because of gender reassignment. It bans direct and indirect discrimination and victimisation.
It is not necessary for people to have any medical diagnosis or treatment to gain this protection. It is a personal process of moving away from the gender assigned at birth to the correct gender.
There is also protection for people who are discriminated against because:
- they are wrongly perceived to be trans
- of their association with trans people or issues
For further information, read our diversity and inclusion policy.
Genuine occupational requirement
Some posts may have an occupational requirement to be filled by a person of a particular sex. If this is the case for an employee transitioning at work, they will be redeployed into a suitable position.
Data protection legislation and Human Rights Act (1998)
Gender reassignment and any information on an individual's gender history constitutes 'sensitive data'. Sensitive data can only be processed for certain specified reasons. For further information on how we process data, see our privacy notice.
Article 8 of the Human Rights Act gives everyone the right to privacy and family life.
It is best practice to assume any transsexual person has gender recognition and treat them accordingly.