GENDER EQUALITY DUTY & TRANSSEXUAL PEOPLE

The Gender Equality Duty requires public organisations to create and implement proactive Policies and Schemes to ensure true gender equality.

It also specifically includes Transsexual People in this Duty. This relatively small minority is much misunderstood, despite their growing presence in our society that has come with changes in social attitude and the law.

The Equal Opportunity Commission has published essential guidance
Meeting the gender duty for transsexual staff:
Equal Opportunities Commission

Some sections of this guidance are copied below, to indicate some areas which may cause concern in public authorities and others. This includes the extension of good practice to cover transgender people as well as transsexual, without clear definition of what the difference is, or how that good practice may be developed.

The definition of "transsexual" used in the gender equality duty is the same as that in the SDA, but it is recommended as good practice that you apply any provisions for transsexual people to those who define as transgender as well.

The duties laid out below, in reference to transsexual and transgender people, also needs clear pathways and Schemes which need professional guidance to meet the standards of good practice required. The guidance gives awareness of the issues to be dealt with, but there may well be questions regarding how best to implement these requirements for transsexual people.

  • Transsexual people feel supported and valued as employees/trainees.
  • Transsexual employees, trainees and apprentices undergoing transition are retained as valued members of staff.
  • Transsexual trainees undergoing transition on training courses complete the training.
  • Barriers to the recruitment and retention of transsexual staff have been identified and removed
    • .
  • A clear and workable policy for dealing with harassment of transsexual staff/trainees.
  • Support mechanisms to protect the health and welfare of transsexual people in the workplace, and in vocational training.
  • There is evidence that the public authority promotes and maintains a culture of respect for the dignity of individuals and difference.
  • There are appropriate protocols for management of sensitive and confidential information about a person's transsexual status.
  • Practical matters related to transition such as access to changing and toilet facilities are resolved quickly and respectfully.

Due regard and transsexual people;

Transsexual people are a small percentage of the population and so statistically, you may deal with transsexual staff or trainees very rarely. Despite the small numbers, however, public authorities are under a duty to have regard to the need to eliminate discrimination and harassment on the grounds of gender reassignment. Having due regard means that the weight given to the need to eliminate discrimination and harassment is proportionate to its relevance to a particular function.

Public authorities will need to take into account the seriousness or extent of the discrimination or harassment, even if the number of people affected is small. This would often be the case where, for example, transsexual people were affected, as the seriousness or extent of discrimination and harassment might be significant.

If you have trouble downloading this guidance from the EOC website, please email us at info@aplaceatthetable.co.uk and we will send you a copy.

ACAS, in partnership with A Place at the Table, also offers some essential information on Transsexual Issues at:
ACAS Guidance

Our seminar The Gender Equality Duty & Transsexual People is designed to provide essential awareness of transsexual and transgender people and their issues, clarify the legal situation, provide the route to create Policies and Schemes, Monitoring, and answer all concerns and give practical ways forward.

We can also provide such a seminar in-house. Please contact us at info@aplaceatthetable.co.uk for more information.