Transitioning at Work: An HR Guide

How to support employees during gender transition. Name changes, toilets, and managing absence for medical treatment.

The Legal Framework

Gender Reassignment is a protected characteristic under the Equality Act 2010. Protection applies from the moment an employee proposes to undergo, is undergoing, or has undergone a process (or part of a process) for the purpose of reassigning the person’s sex.

You do not need to have had surgery or a Gender Recognition Certificate (GRC) to be protected.

Standard Adjustments & Support

1. Name and Pronoun Changes

IT Systems: Email addresses and login names should be updated promptly. Continuing to use an old name (“deadnaming”) is harassment.
Records: While payroll (HMRC) might need a legal name until a GRC is obtained, all internal “known as” fields should be updated immediately.

2. Toilets and Facilities

The Law: A trans person should be free to use the toilet of their identified gender.
Best Practice: Identifying gender-neutral (unisex) single cubicles is the best way to ensure privacy and comfort for everyone.
Verdict: You cannot force a trans woman to use the men’s toilets.

3. Medical Leave

Employees transitioning may need time off for:

Counselling / Identity Clinic appointments.
Hormone treatment.
Surgeries.

Crucial Rule: Absences because of gender reassignment must be treated no less favourably than sickness or injury absence. If you give paid time off for specific operations, you shouldn’t deny it for transition-related surgery.

Uniforms and Dress Codes

Policies should be gender-neutral where possible. If there are “male” and “female” lists, trans employees should be allowed to choose the one that matches their gender identity.

Confidentiality

Section 22 of the Gender Recognition Act 2004 makes it a criminal offence to disclose that someone has a GRC or history of gender reassignment without consent. Keep records private.