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CH133-Transgender Equality and Workplace Support Policy

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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:

2. Scope

This policy applies to:

3. Related Policies

This policy should be read in conjunction with:

4. Definitions

For the purposes of this policy:

The service will use respectful and inclusive terminology while recognising that legal rights and duties must be determined by reference to the terminology and definitions contained in applicable legislation.

5. Legal and Regulatory Framework

5.1 Equality Act 2010

{{org_field_name}} will comply with the Equality Act 2010 in relation to both employment and the provision of services.

Gender reassignment and sex are separate protected characteristics under the Equality Act 2010. A person has the protected characteristic of gender reassignment where they are proposing to undergo, are undergoing or have undergone a process, or part of a process, for the purpose of reassigning their sex by changing physiological or other attributes of sex. Medical treatment or surgery is not required.

Not every person who describes themselves as transgender, non-binary or gender-fluid will necessarily meet the statutory definition of gender reassignment. However, protection may arise where the statutory definition is met and may also arise through other provisions of the Equality Act, including discrimination because of a perceived protected characteristic where applicable.

For the purposes of the Equality Act 2010, sex means biological sex in accordance with the judgment of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16. A Gender Recognition Certificate does not change a person’s sex for Equality Act purposes.

{{org_field_name}} will not unlawfully discriminate against, harass or victimise an employee, applicant, person using the service or other person because of a protected characteristic. The organisation may adopt standards of dignity, respect and inclusion that extend beyond the minimum statutory protection, provided those standards are applied lawfully and proportionately and do not result in unlawful discrimination against another person.

5.2 Health and Social Care Act 2008 and CQC Requirements

{{org_field_name}} will comply with the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 and relevant CQC requirements.

In particular:

The service will have due regard to current CQC guidance when demonstrating compliance with these regulations.

5.3 Data Protection, Confidentiality and the Gender Recognition Act 2004

Information about a person’s transgender status, gender identity, previous name or gender history is personal data where the individual is identified or identifiable and must be processed lawfully, fairly, transparently and securely in accordance with the UK GDPR, the Data Protection Act 2018 and the Data (Use and Access) Act 2025.

Transgender status or gender identity is not automatically special category personal data under Article 9 of the UK GDPR. However, information recorded or obtained in connection with a person’s gender history may also reveal special category personal data, including health information, information concerning a person’s sex life or sexual orientation, or other information falling within Article 9. Where special category data is processed, {{org_field_name}} must identify and document both an appropriate lawful basis under Article 6 of the UK GDPR and an applicable condition under Article 9, together with any additional requirement imposed by the Data Protection Act 2018.

Information about a person’s transgender status, previous name or gender history must only be accessed, used or disclosed where there is a legitimate and lawful reason connected with the person’s care, employment, safeguarding, legal obligations or another lawful purpose. Access must be limited to those who need the information for that purpose.

Section 22 of the Gender Recognition Act 2004 provides additional protection for specified information relating to a person who has applied for or obtained gender recognition where that information has been acquired in an official capacity. Unlawful disclosure of such protected information may constitute a criminal offence. Staff must not disclose protected information unless an exception or other lawful basis for disclosure under the Gender Recognition Act 2004 applies.

Where staff are uncertain whether information may lawfully be disclosed, they must seek advice from the Registered Manager, Data Protection Officer or other appropriately authorised person before making the disclosure, except where an immediate disclosure is required by law or is necessary to respond to an urgent risk to life or safety.

6. Inclusive Workplace Practices

6.1 Recruitment and Employment

{{org_field_name}} will ensure that recruitment and employment decisions are made lawfully and without unlawful discrimination because of gender reassignment, sex or any other protected characteristic.

Recruitment processes must focus on the applicant’s suitability, qualifications, experience and ability to perform the role. Information about a person’s transgender status, previous name or gender history must not be sought or used unless there is a specific lawful and necessary reason for doing so.

Employees should be addressed by the name and form of address they have asked the organisation to use in ordinary workplace communication and records, except where use of another name or information is required for a lawful administrative, payroll, regulatory, safeguarding or other legitimate purpose.

Information about an employee’s previous name, transgender status or gender history must be treated confidentially and must only be accessed, used or disclosed where there is a lawful and necessary reason. Where information is protected under section 22 of the Gender Recognition Act 2004, it must not be disclosed except in circumstances permitted by that Act.

Employment decisions relating to recruitment, terms and conditions, access to training, promotion, disciplinary action, dismissal and other employment opportunities must not amount to unlawful discrimination.

Any workplace support connected with gender reassignment will be considered individually and in accordance with the Equality Act 2010, applicable employment law and the employee’s circumstances.

6.2 Name and Pronoun Respect

Employees and people using the service should be addressed by the name, pronouns and form of address that they have asked others to use in ordinary communication, wherever this can be done consistently with the organisation’s legal obligations.

Where a person’s legal name or sex must be recorded for a specific lawful purpose, the relevant legal or statutory information may be retained or used for that purpose. Other records should use the person’s current name and preferred form of address where lawful and practicable.

A person’s previous name, transgender status or gender history must not be unnecessarily displayed, disclosed or shared.

Deliberate, repeated or hostile deadnaming or misgendering may constitute bullying, harassment, discrimination or other misconduct depending upon the circumstances. Regardless of whether particular conduct reaches the statutory threshold for unlawful discrimination or harassment, staff must communicate professionally, respectfully and in accordance with the organisation’s standards of conduct and dignity at work.

Any concern involving names, pronouns, competing protected rights or alleged harassment must be considered on its individual facts and addressed fairly, proportionately and in accordance with the Equality Act 2010.

6.3 Toilets, Changing Facilities and Single-Sex or Mixed-Sex Provision

{{org_field_name}} will provide and manage toilets, washing facilities, changing facilities, accommodation and any other sex-specific facilities in accordance with applicable equality, health and safety and care legislation.

For workplace sanitary conveniences, the requirements of the Workplace (Health, Safety and Welfare) Regulations 1992 must be met. Separate rooms containing sanitary conveniences must be provided for men and women except where each convenience is in a separate room with a door capable of being secured from the inside. Washing and changing arrangements must also comply with applicable workplace legislation.

Where the service operates a facility, accommodation arrangement or service on a separate-sex or single-sex basis, the terms “men”, “women”, “male” and “female” will be applied in accordance with the Equality Act 2010 and binding case law. For Equality Act purposes, sex means biological sex.

A separate-sex or single-sex service or arrangement must only be used where it is lawful and justified under the Equality Act 2010. Any reliance on a statutory exception must be capable of being demonstrated as a proportionate means of achieving a legitimate aim where the legislation requires that test.

The needs, dignity, privacy and safety of transgender people must be considered when arrangements are made. Where a transgender person cannot use a particular single-sex facility or service, the service will consider whether a suitable alternative can reasonably be provided without compromising the lawful single-sex nature or legitimate aim of the facility or service.

Possible alternative arrangements may include an individual lockable toilet or washing facility suitable for use by either sex, a private changing area or another appropriate arrangement. Such arrangements must not be used to humiliate, stigmatise or unnecessarily isolate the individual.

No decision about access to a single-sex or separate-sex service will be made solely on the basis of a blanket assumption about transgender people. Decisions must comply with the Equality Act 2010, current statutory EHRC guidance, CQC requirements concerning dignity and person-centred care, and any other applicable legal requirement.

6.4 Uniforms and Dress Code

6.5 Transition Support in the Workplace

7. Inclusive Care Practices for People We Support

7.1 Person-Centred Care

Care and treatment will be planned and delivered in a person-centred manner that is appropriate, meets the person’s assessed needs and reflects their preferences in accordance with Regulation 9 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.

Where relevant to the person’s wishes, needs or care, their care plan may record the name, pronouns and form of address they wish staff to use, together with relevant preferences concerning clothing, appearance, personal care, privacy, relationships, social activities and other matters that affect the delivery of person-centred care.

Information about a person’s transgender status, gender identity, previous name or gender history must only be recorded where it is relevant and necessary for the identified purpose and must be managed confidentially in accordance with data protection legislation and this policy.

Staff must not assume that a person lacks mental capacity because they are transgender, non-binary, gender-diverse, have communication difficulties, have a mental health condition, have dementia, have a learning disability or because staff or others disagree with the person’s choices.

A person must be presumed to have capacity unless it is established that they lack capacity to make the particular decision in question. All practicable steps must first be taken to support the person to make the decision themselves.

Where a person lacks capacity to make a specific decision about their care or treatment, any act or decision made on their behalf must comply with the Mental Capacity Act 2005, including the requirement to act in the person’s best interests and to consider whether the purpose can be achieved in a less restrictive way. The person’s past and present wishes, feelings, beliefs and values, including relevant wishes concerning their identity, presentation, privacy and personal relationships, must be considered where required by the Mental Capacity Act 2005.

Staff must not purport to make a general best-interests decision determining whether a person’s gender identity is valid. Mental capacity assessments and best-interests decisions must relate to the specific care, treatment or welfare decision that needs to be made.

Where required, the person, those lawfully involved in their care, an attorney, deputy or advocate must be involved in accordance with the Mental Capacity Act 2005 and applicable CQC requirements.

7.2 Safeguarding and Emotional Support

7.3 Inclusive End-of-Life and Bereavement Care

8. Zero-Tolerance Approach to Discrimination and Harassment

9. Training and Awareness

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.

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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