Gender Reassignment

Since 1999 Gender Reassignment Regulations have provided protection against discrimination in employment to persons undergoing or contemplating undergoing or persons having undergone gender reassignment. From 4 April 2005 the Gender Recognition Act 2004 provides transsexuals with the right to apply for legal recognition in their acquired gender. For example, a male to female transsexual may now apply for legal recognition as a woman for the purposes of English law. Following a successful application for gender recognition the law regards the transsexual person for all purposes as being of their acquired gender. Here are some practical issues which employers should consider:

• Employers must be able to deal with transsexual employees (or job applicants) in accordance with their new gender recognition rights and without subjecting them to unlawful discrimination.
• Employers must ensure that internal records, such as personnel records and pension arrangements are changed to reflect the individual's change of gender once a gender recognition certificate has been granted. It is not appropriate to keep records referring to the old gender in the personnel file and they should be destroyed.
  
• Transsexuals usually live and work for some period in their new gender role using hormone therapy before having any corrective surgery. Employers should discuss what arrangements may need to be made during the transition period and afterwards, including:
  • the expected time scale for surgery or other medical treatment such as hormone therapy;
  • whether any time off will be required;
  • at what point and who the employee wishes to inform , for example, their line manager and/or colleagues;
  • whether the employee has an expected timescale for changing their name and legal gender under the new Act;
  • the use of single sex facilities;
  • agreeing how any dress code will be adhered to;

Employers must be extremely careful not to breach the privacy of transsexual employees. Information about the reassignment should be kept highly confidential and only disclosed with express consent. If someone has transitioned prior to joining an employer or a new department, the employer should not mention their transsexual history. Indeed this could constitute a criminal offence in the case of someone who has obtained a gender recognition certificate.

Useful guidance on the Act can be found on the ACAS website: www.acas.org.uk

April 2004