Equality and Human Rights Commission

No employer would wish to lose the talents and knowledge of existing staff.

The transition of someone undergoing gender reassignment simply needs to be planned and managed like any other Human Resources challenge. Failure to manage such a process, or to prevent discrimination and harassment can lead to an Employment Tribunal.

Planning for transition at work

The line manager should discuss with their employee what help and support is needed. A positive and constructive approach would be to approach the process as a joint project.

It is helpful to remember that the person with the greatest commitment to a successful outcome will be the individual themselves. Their personal expertise should also be valued. Most transsexual people are experts on the details of what is going to happen, and what the implications are going to be.

You might already know who else to involve or you may need support from your HR department or an external professional. National trans support organisations will be able to refer you to one of the consultants who specialise in this field.

Either way, it is best to have covered the ‘what if…’ scenario in managerial training before the day when a member of staff presents the challenge.

Here is a suggested list of what to cover in planning and documenting a programme:

• Consider the overall timescales. Include the anticipated order of milestones and the likely time between them. Remember that these are outside of the employee’s control in many cases though.
• Consider which other departmental managers may need to be involved in the plan.
• Discuss how any kind of announcement to colleagues is going to be made, what kinds of training or support will be necessary, and at what point and by whom this will be carried out. Some employees may prefer to tell people themselves, in their own words. Others may prefer a manager to handle the announcement. If gender reassignment has already been covered within broader routine diversity training then the need for any special action can be minimised.
• Discuss and agree whether the employee would like to stay in their current post or be redeployed. A move must not be forced on the employee but some may prefer it.
• Discuss whether some kind of advice or support to your customers or service users is necessary, and how this will be approached. Again, trans people in professional relationships with clients (e.g. sales persons or consultants) may prefer to handle this themselves. Also agree how hostile reactions will be handled.
• Agree whether a media plan is necessary. The media is nowadays far less interested in gender changes than even just a few years ago. Generally there will be no interest from the press and, even if there is, the organisation’s press office should be able to field it. However, in cases where it is considered necessary to write to members of the public (e.g. for schools contacting parents) it is advisable to have a media response plan, with a press release and supportive senior management statements prepared for the possibility of a reaction.
• Be prepared to deal with any salacious press leaks from within your workforce like any other serious disciplinary breach.
• Consider the expected point when the employee’s change of name, personal details and social gender will occur. Think about how this will affect, for example, the use of name badges, email addresses, male or female toilets, changing rooms, dress codes, etc. New uniforms should be provided when required.
• Although the employee may not know the precise details in advance, discuss what time off they are likely to require for medical treatment, bearing in mind that appointments will often involve long distance travel.

See also the sections dealing with record changes and understanding the gender reassignment process, including the need for time off.