We are committed to
- promoting a safe environment where trans employees can be open about their identity
- equality opportunities for trans people throughout recruitment and employment
- supporting trans employees through any transitioning process
We will not tolerate any form of discrimination.
Read our diversity and inclusion policy for further information.
Definitions
'Trans' or 'transgender' describes people whose gender identity differs from their sex assigned at birth. They can be people who:
- identify as having a different gender to the one assigned at birth and
- are planning or have had medical help such as hormones or surgery
- are not planning any medical intervention
- intend to, are in the process of, or have undergone gender reassignment
- are non-binary (not solely male or female). They:
- may define themselves as both, neither or something different
- may or may not have medical interventions to align their body with their non-binary gender identity
'Transitioning' is where a trans person aligns their gender presentation with their gender identity. This may involve:
- dressing differently
- using a different name
- using a different pronoun (for example, she, he or they)
- changing official documentation
- medical interventions
We recognise there is no right or wrong way to transition. We are committed to supporting each individual during the process of transition.
The transitioning process
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
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.