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Transgender Equality and Workplace Support Policy

1. Purpose

The purpose of this policy is to ensure that all transgender employees and people we support are treated with dignity, respect, and equality in accordance with the Equality Act 2010, CQC Fundamental Standards, and best practice guidance on inclusive care.

This policy aims to:

• Promote an inclusive, safe, and supportive environment for transgender employees, people we support, and visitors.
• Ensure compliance with CQC regulations, the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, and the Equality Act 2010.
• Provide clear guidance on rights, responsibilities, and practical support for transgender individuals in the workplace and care setting.
• Prevent and address discrimination, harassment, or victimisation based on gender identity or gender expression.
• Foster a culture where all employees feel valued, included, and able to express their gender identity without fear of prejudice or bias.

2. Scope

This policy applies to:

• All staff, volunteers, and agency workers at {{org_field_name}}.
• People we support, including transgender, non-binary, and gender-diverse individuals.
• Families, visitors, and external stakeholders interacting with our service.
• Recruitment and employment practices, ensuring transgender employees have fair and equal access to opportunities.

3. Related Policies

This policy should be read in conjunction with:

• CH08 – Dignity and Respect Policy ensuring respectful treatment of all individuals​.
• CH30 – Equality, Diversity, and Inclusion Policy reinforcing legal and ethical obligations to inclusivity​.
• CH28 – Staff Conduct and Code of Ethics Policy ensuring professional standards.
• CH32 – Handling and Prevention of Bullying and Harassment Policy providing protection against transphobic harassment.
• CH41 – Managing Service User Finances Policy addressing issues of confidentiality in financial documentation.

4. Definitions

• Transgender (trans) person: Someone whose gender identity differs from the sex assigned at birth.
• Non-binary person: Someone who does not identify exclusively as male or female.
• Gender expression: How a person presents their gender (e.g., clothing, behaviour, pronouns).
• Gender reassignment: A protected characteristic under the Equality Act 2010, covering anyone proposing, undergoing, or who has completed a transition.
• Deadnaming: The act of referring to a transgender person by their birth name after they have changed it.
• Misgendering: Using incorrect pronouns or terms for a transgender person.

5. Legal and Regulatory Framework

5.1 Equality Act 2010

Transgender individuals are protected under the gender reassignment characteristic of the Equality Act 2010. It is unlawful to:

• Discriminate against someone based on their gender identity.
• Harass or victimise a transgender person.
• Deny employment or services based on gender identity.

5.2 CQC Fundamental Standards

CQC requires that people using services are treated with dignity and respect (Regulation 10) and that discriminatory behaviour is not tolerated. This includes ensuring transgender individuals receive fair, equal, and person-centred care​.

5.3 GDPR and Confidentiality

A person’s gender history is considered sensitive personal data under GDPR and the Data Protection Act 2018. Disclosure of a person’s transgender status without consent is unlawful.

6. Inclusive Workplace Practices

6.1 Recruitment and Employment

• Job applications and interviews must not ask about gender history.
• Transgender employees must be addressed by their chosen name and pronouns at all times.
• Confidentiality must be respected—previous names and gender identity history must never be disclosed without consent.
• Equal access to promotion, training, and professional development must be guaranteed.

6.2 Name and Pronoun Respect

• Employees and people we support must be able to use their chosen name and pronouns on all non-legal documents.
• If a legal name change has not occurred, documentation should be adjusted where possible.
• Deadnaming and misgendering are forms of discrimination and will not be tolerated.

6.3 Gender-Neutral Facilities

• Toilets, changing areas, and accommodation should be accessible based on gender identity, not sex assigned at birth.
• Where possible, gender-neutral facilities will be provided.
• If a transgender person prefers a private facility, reasonable adjustments should be made.

6.4 Uniforms and Dress Code

• Uniform policies should allow for gender-neutral options.
• Staff must be allowed to wear the uniform that aligns with their gender identity.

6.5 Transition Support in the Workplace

• Workplace transition plans should be developed in consultation with the individual.
• Flexible leave policies must allow for medical appointments, surgery recovery, or legal documentation updates.
• A named HR contact should provide ongoing support and ensure legal rights are upheld.

7. Inclusive Care Practices for People We Support

7.1 Person-Centred Care

• Care plans must reflect the gender identity of each person, including pronouns, gender expression, and personal preferences​.
• Staff must ensure that gender identity is respected and documented in a confidential manner.
• If a person lacks mental capacity, decisions about gender identity must be handled sensitively, ensuring dignity.

7.2 Safeguarding and Emotional Support

• Transgender individuals may face higher risks of mental health struggles and social isolation.
• Staff must be trained to recognise and respond to emotional distress in a sensitive and supportive manner​.
• Safeguarding teams must ensure no discrimination or harassment occurs within the care home.

7.3 Inclusive End-of-Life and Bereavement Care

• Transgender people’s wishes must be respected in end-of-life care planning, including gender identity, name, and pronouns​.
• Families and next of kin must be guided on gender-affirming practices to ensure dignity in death.

8. Zero-Tolerance Approach to Discrimination and Harassment

• Any transphobic comments, behaviour, or bullying will be addressed immediately.
• Staff or visitors found violating this policy may face disciplinary action under the Staff Conduct Policy​.
• People we support must be protected from transphobic abuse, and concerns should be escalated to safeguarding teams.

9. Training and Awareness

• All staff will receive mandatory equality and diversity training that includes trans awareness.
• Staff will be trained on inclusive communication, unconscious bias, and safeguarding trans individuals.
• The policy will be reviewed regularly to incorporate the latest best practices and legal requirements.

10. Policy Review

This policy will be reviewed annually or when significant legal, regulatory, or best practice updates occur. Changes will be communicated to all staff, and retraining will be provided if necessary.

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Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
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