Vivienne Reeve
Principal Associate
Article
7
31 March is International Trans Day of Visibility (TDoV). This is an annual worldwide event which aims to raise awareness of trans people, the issues they face and to promote equality.
As with any issue which challenges traditional social and cultural norms, change and acceptance can take time. TDoV should prompt us all to pause, and look at our own working practices. Are trans people treated fairly in the workplace? Do the facilities and services offered by an employer, enable them to bring their whole selves to work?
In 2016 Stonewall published useful, practical guidance to help employers build a trans inclusive workplace. However, a recent Employment Tribunal case in which a multinational retailer was found to have discriminated and harassed a transgender employee in breach of the Equality Act 2010, brings the reality of workplace relations into sharp focus. The Tribunal criticised the retailer's "complete lack of understanding from the beginning [of the employment relationship] as to what was required" and suggested that the discrimination and harassment that followed could have been prevented had proper systems been in place.
A recent Stonewall Report makes clear that this is not an isolated incident, with almost fifty per cent of transgender and non-binary people hiding or disguising that they are LGBT for fear of discrimination in their workplace and with one in eight reporting they have been physically attacked by a colleague or customer.
It is well-known that people work best when they feel comfortable being themselves, as well as the fact that diversity improves business performance. Here we take a look at the protection afforded to trans people at work and when using services and set out the practical steps you can take to improve your business' focus on trans equality. For a clear explanation of terms used to describe the gender spectrum, check out the Stonewall glossary .
Trans people fall within the 'protected characteristic' of gender reassignment under the Equality Act 2010. Section 7 states that a transsexual is a person proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person's sex by changing physiological or other attributes of sex. This does not require a person to undergo medical gender reassignment procedures.
The Act makes it unlawful for a trans person to be subject to 'prohibited conduct', which includes direct and indirect discrimination, harassment and victimisation. This protection begins when someone applies for a job or a service you offer, through employment and service delivery to termination of the relationship. As an employer or service provider, your business can be held liable for the acts (or failures to act) of your staff so read on to find out what you can do to ensure the behaviour of your teams is on the right side of the law.
Specifically for employers:
See Stonewall's Report for more information on trans inclusion for service users and customers.
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