Supporting trans staff in the workplace

This guidance is currently under review and will be updated as soon as possible. Please email the EDI Team with any queries.

Introduction
Who do we include in the term ‘trans’?
Supporting transition at work
What does good support at work look like for those who undergo gender affirmation?
Confidentiality
Time Off
Practical arrangements
Recruitment
Name and title changes
Use of facilities
Dress codes
Use of pronouns
Harassment
Useful information

Introduction

Trans employees are welcome within the UCL community and should be treated with dignity and respect. We value their contribution to the life of the University. This guide aims to help managers and colleagues support trans employees. Trans employees should also use it as an outline of UCL’s responsibilities to them. It includes general good practice for trans employees and guidance relating to those who undertake transition at work.

Who do we include in the term ‘trans’?

‘Trans’ is an umbrella term used to describe someone whose gender identity differs or does not sit comfortably with the sex they were assigned at birth. It can include people who have a binary gender identity (female or male) and people who do not identify as solely male or female, e.g. as non-binary, genderqueer or intersex. Some, but not all, trans people undergo gender affirmation i.e. to transition from the sex they were assigned at birth to the gender they identify with. ‘Trans’ is an inclusive term preferred by many in the trans community.

Supporting transition at work

For those that do undergo gender affirmation this may refer to social transition (changing name, title, clothes etc.), medical transition (hormones and/or surgery) or both. The Equality Act 2010 provides protection from discrimination for trans people who have undergone, are undergoing, or intend to undergo gender affirmation (described in the Equality Act as gender reassignment). Harassment and discrimination on the grounds of gender reassignment would breach UCL’s Prevention of Bullying, Harassment and Sexual Misconduct Policy.

One of the most important factors in successfully supporting an employee’s transition is planning and agreeing with them how to manage the process.

What does good support at work look like for those who undergo gender affirmation?

Managers of employees planning to transition should consider the following and refer to the action plan at the end of this document:

Listen and show support. Let the employee lead the process as much as possible.
Take advice from your HR People Partner and the Equality, Diversity and Inclusion (EDI) Team.
It may be helpful for a trusted colleague, member of HR and/or a trade union representative to be present at any meeting if requested.
Agree the date the employee will present in their affirmed gender.
Discuss when the employee may wish to start using different facilities.
Discuss levels of confidentiality – is there anyone who needs to know, such as colleagues who will work alongside the employee before and after transition? Discuss with the employee who will need to be informed, and who the employee would be comfortable with being informed.
Discuss and agree how this communication will take place.
Discuss whether to avoid duties within the role at specific times during the process e.g. lifting heavy items, strenuous physical work (for those who are undergoing surgery/medical intervention).
Assess the expected timescale of appointments related to transition and what time off is likely to be required (where relevant).
Be supportive of the employee if their style of dress changes during the process (where relevant).
Discuss how to handle any harassment, hostile reactions or unwanted media interest.
Discuss whether the employee may benefit from some additional support. The UCL Trans Network is an informal network on Microsoft Teams for everyone (staff & students) at UCL who identifies as trans (including non-binary, genderqueer & all other identities not identical with the gender assigned at birth). It provides peer-support, a space for trans students to find trans mentors and for all trans people to connect across UCL and discuss and find help with common issues that they are facing.

Take a note of the discussions and use the action plan template (linked below) to support staff transitioning at work with the employee to plan how they will be supported at work through their transition. Keep any plan updated as needed; it should not be a static document.

Action plan to support staff transitioning at work

Confidentiality

An employee’s trans status may be considered ‘special category data’ under GDPR regulations as it could reveal information regarding their health. This means someone’s personal data that is considered more sensitive or ‘private’. The presumption is that this type of data needs to be treated with greater care because collecting and using it is more likely to interfere with a person’s fundamental rights or expose someone to discrimination. This is part of the risk-based approach of the UK GDPR. As a result, sharing this information must be on a confidential, strictly ‘need to know’ basis. It is always advised to seek the employee’s explicit permission to disclose any sensitive information regarding their trans status to others, and to discuss and agree how such information is to be shared. You could offer to be with them or inform others on their behalf. If an employee has applied for their affirmed gender to be legally recognised under the Gender Recognition Act 2004 (GRA), they have additional legal protection. For example, the GRA makes it an offence for anyone who acquires information in an official capacity regarding an employee's application for a GRA or, if granted, their previous gender, to reveal that information without the employee’s permission, unless certain criteria apply. Employees who have undergone gender affirmation may be eager to protect their privacy surrounding their trans history. Anyone with access to relevant information should maintain the trans employee’s right to confidentiality.

Time Off

The employee may wish to take a period of leave at the time of transition and return to work in their affirmed gender. While not all trans people have medical interventions, trans employees may undergo treatment, which can include hormone therapy and/or surgery. This may necessitate taking time off work, which may have an impact on colleagues/workload. During transition an employee may not be able to carry out the full scope of their role, for example following surgical treatment. Hormone therapy may also impact on the employee’s mood. Managers should try to be as accommodating as possible during this period and may need to make temporary adjustments to an employee’s duties during their transition.

Managers should endeavour to be flexible and supportive to employees, and they should be treated no differently to any other colleagues undergoing medical treatment. Time off to attend hospital or doctor’s appointments which last for part of a working day should not count as sick leave. Time taken during working hours for the above appointments must be paid and the dates and times of the appointments should be recorded but not classified as sick leave. Time away from work for surgery and to recover from surgery will be recorded as sickness absence but should be noted on the MyHR or Inside UCL system as being related to gender reassignment. To do this, when entering the absence, please add in the Comments section: "Related to gender reassignment”. This is to enable the line manager to apply a supportive and flexible approach when managing sickness absence triggers. See the UCL Sickness Absence Policy, Appendix A: Absence for Specific Reasons. Workload allocation and adjustments should be discussed with employees before their absence from work and on their return.

Practical arrangements

It is important to try and support trans employees as much as possible. There should be flexibility in dress codes, where they exist, to accommodate the process of transition: for example, supporting a move away from gendered clothing or a move to gendered clothing not previously worn by the employee. UCL is currently reviewing its guidance related to the provision of sanitary facilities considering recent legal developments and this section will be updated as soon as possible.

Recruitment

There is no obligation for an applicant to share their trans status or history in the recruitment process and so questions related to trans status should not be asked at interview. If an applicant chooses to share their trans status during a recruitment process, it should not be a factor in whether they are offered a role. If giving a reference for someone moving to a new job, the referee should use the name and title that are recorded on the employee’s current UCL HR records.

Name and title changes

Employees can change their formal name at UCL on production of a deed poll. More informally they can also request a ‘preferred’ name and or a change of title on their records, which will be visible on the staff directory, email address and updated ID badge. A Gender Recognition Certificate is not needed to change an employee’s name on UCL’s systems.

Use of facilities

UCL is currently reviewing its guidance related to the provision of sanitary facilities considering recent legal developments and this section will be updated as soon as possible.

Dress codes

UCL does not have gender-specific dress codes in place. Choice of dress should not lead to employees being treated detrimentally. This is relevant for trans employees who identify as non-binary or intersex who may not conform to gender norms for dress.

Use of pronouns

Find out more about use of pronouns in our Inclusive Language webpage.

Harassment

Did you know half of trans and non-binary people (51% and 50% respectively) have hidden or disguised their identity at work because they were afraid of discrimination. UCL has a legal duty to protect all employees, including trans employees, from harassment. Teams will take their cues from managers in determining how to respond to a trans colleague. Managers should take the lead and make it clear to staff and students that harassment, bullying, or victimisation of any kind is not tolerated, highlighting UCL’s Prevention of Bullying, Harassment and Sexual Misconduct Policy and how to report any concerns.

It may be helpful to periodically check in with a colleague who has undergone transition to ensure they are not experiencing any negative behaviours at work.

The following are examples of behaviours that may be considered unacceptable under UCL’s Prevention of Bullying, Harassment and Sexual Misconduct Policy:

Outing or threatening to out someone as non-binary or transgender.
Speculating or gossiping about someone's actual or perceived gender identity.
Deliberately and persistently refusing to use someone's preferred gendered pronoun (e.g. using 'he' to refer to a trans woman) or continuing to use their former name ('dead naming').

Useful information

UCL resources

External resources

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Being a diverse community means being a place where a wide variety of conflicting opinions and ideas exist and are expressed. Free speech attracts a high level of protection in UK law, and UCL is committed to upholding all speech unless it is restricted by law. Nothing in this guidance should be taken to undermine that principle. More information can be found in UCL’s Code of Practice on Freedom of Speech.