Transgender issues are now moving up the business agenda

Between The Lines Alison Shaw

While we have a long way to go, UK business has made strides in addressing some of the major workplace inequalities based on gender, race and sexual orientation in the past two decades.

Following the Scottish Government’s announcement late last year that it intends to make the legal process of changing gender easier and less intrusive, a new opportunity is emerging for businesses that want to be at the forefront of further social progress.

The facts support the need for understanding and support around issues of gender identity. In 2016, a House of Commons Committee investigation reported high levels of transphobia in the UK, with an alarming rate of attempted suicide among the transgender community.

The Scottish Government now seeks to take action through proposals that will enable trans individuals to apply for a gender recognition certificate (GRC) at the age of 16 (as opposed to 18, as is currently allowed under the 2004 Gender Recognition Act).

The new legislation would also abolish the two-year transition period currently required, and do away with the need for a GRC applicant to have been formally diagnosed with gender dysphoria, a condition where an individual’s identity conflicts with their sex assigned at birth.

Rather than viewing this as another compliance headache, it can be seen as an opportunity for companies to position themselves as progressive employers.

Advice and conciliation service Acas has recommended that businesses implement a gender reassignment policy, which is promoted to all employees. This should include staff training on important relevant issues such as the appropriate use of terminology in the workplace, procedures for changing relevant records and a clear policy on uniform requirements, with potential to provide non-binary or gender neutral options. Toilet facilities are an especially important issue.

A simple step would be to remove male/ female declarations in application forms, opting for a blind process over gender. This principle has been promoted by equality campaigners, who argue that omitting a name from an application can reduce bias in recruitment. l Alison Shaw is an employment law specialist at law firm CMS