CHW133-Transgender Equality and Workplace Support Policy
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{{org_field_name}}
Registration Number: {{org_field_registration_no}}
Transgender Equality and Workplace Support Policy
1. Purpose
The purpose of this policy is to ensure that all transgender, non-binary, and gender-diverse employees at {{org_field_name}} are treated with dignity, respect, and equality in accordance with the Equality Act 2010, Human Rights Act 1998, and Care Inspectorate Wales (CIW) regulations. {{org_field_name}} is committed to creating a safe, inclusive, and supportive workplace where transgender employees can thrive without fear of discrimination, harassment, or exclusion.
This policy aims to: Provide clear guidance on supporting transgender employees in the workplace. Ensure compliance with anti-discrimination laws and promote gender equality. Outline best practices for gender transition support within the organisation. Define acceptable behaviour and responsibilities of all staff. Establish a process for handling complaints and addressing discrimination.
2. Scope
This policy applies to all employees, including full-time, part-time, agency, and voluntary staff. It applies to managers and HR staff, ensuring they support transgender employees appropriately. It applies to external stakeholders, contractors, and visitors, ensuring transgender individuals are treated with respect. It applies to residents, ensuring care home policies align with equality principles and transgender employees feel safe and supported.
3. Related Policies
This policy aligns with Equality, Diversity, and Inclusion Policy (CHW30), Dignity and Respect Policy (CHW08), Staff Supervision, Training, and Development Policy (CHW27), Whistleblowing (Speaking Up) Policy (CHW29), Confidentiality and Data Protection (GDPR) Policy (CHW34).
4. Legal Framework and Rights of Transgender Employees
{{org_field_name}} will comply with the Equality Act 2010 and all other applicable legislation when applying this policy.
Under section 7 of the Equality Act 2010, gender reassignment is a protected characteristic. A person has the protected characteristic of gender reassignment if 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, surgery or possession of a Gender Recognition Certificate is not required in order for a person to have this protected characteristic.
The Equality Act 2010 protects employees and applicants from unlawful direct discrimination, indirect discrimination, harassment and victimisation because of gender reassignment, including discrimination by perception or association where the relevant statutory requirements are met. Employees must not be treated unlawfully because they are proposing to transition, are transitioning or have transitioned.
Following the judgment of the UK Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, references to “sex”, “woman” and “man” in the Equality Act 2010 are to biological sex for the purposes of that Act. A Gender Recognition Certificate does not change a person’s sex for the purposes of the Equality Act 2010. This does not remove or reduce the separate protection from discrimination because of gender reassignment.
The Gender Recognition Act 2004 provides a statutory process through which an eligible person may obtain a Gender Recognition Certificate. Where a member of staff acquires protected information concerning a person’s application for, or possession of, a Gender Recognition Certificate in an official capacity, the restrictions on disclosure contained in section 22 of the Gender Recognition Act 2004 must be observed. Protected information must not be disclosed except where a statutory exception applies.
{{org_field_name}} will also comply with the Human Rights Act 1998, where applicable, including relevant rights concerning private and family life, and with the Data Protection Act 2018 and UK GDPR when processing personal information.
Information relating to an employee’s gender reassignment, transition or gender identity is personal data and must be processed lawfully, fairly, transparently and securely. Such information is not automatically special-category personal data solely because it concerns gender identity or gender reassignment. However, information concerning health, medical treatment, sexual orientation or other matters falling within Article 9 UK GDPR may constitute special-category personal data and must only be processed where both an appropriate lawful basis and an applicable special-category condition are established.
Nothing in this policy removes or diminishes the rights of another employee or individual arising from any other protected characteristic under the Equality Act 2010, including sex, religion or belief, disability, race, age or sexual orientation. Where rights or protected characteristics interact, {{org_field_name}} will consider the particular circumstances and apply the law fairly and proportionately.
5. Creating an Inclusive Workplace
{{org_field_name}} ensures that all transgender employees feel safe and supported by: Encouraging an inclusive workplace culture where gender diversity is respected. Providing training on transgender awareness and equality for all staff. Using gender-inclusive language in communications, policies, and signage. Respecting employees’ chosen names and pronouns, ensuring they are used consistently. Ensuring that dress codes do not enforce gender stereotypes and allow employees to dress in a way that aligns with their gender identity.
6. Supporting Employees Who Transition at Work
Where an employee informs {{org_field_name}} that they are proposing to transition, are transitioning or have transitioned, the employee will be treated with dignity and respect and will be protected from unlawful discrimination, harassment and victimisation.
The Registered Manager or appropriate HR representative will discuss with the employee what workplace support is reasonably required. Where appropriate and with the employee’s involvement, an individual workplace transition plan may be agreed. The plan may address:
- the name and form of address the employee wishes to use in day-to-day workplace communications;
- pronouns and other practical arrangements for respectful workplace communication;
- whether, when and how colleagues or other relevant persons should be informed;
- changes to staff directories, e-mail addresses, identification badges and other ordinary workplace records where appropriate;
- arrangements concerning uniforms, changing arrangements and workplace facilities in accordance with applicable equality and health and safety law;
- agreed arrangements for appointments, treatment or other absence associated with gender reassignment;
- confidentiality, data protection and access to information; and
- any other reasonable workplace arrangements relevant to the employee’s individual circumstances.
Records will be amended where appropriate and lawful. {{org_field_name}} will not operate a blanket requirement that every record must be altered or that information about biological sex, previous identity or legal identity must be deleted where the organisation has a lawful and necessary reason to retain or process that information. Access to such information will be restricted to persons who genuinely require it for a lawful purpose.
Under the Equality Act 2010, an employee must not be treated less favourably because of absence connected with gender reassignment than they would be treated because of absence due to sickness or injury. Where the employee is treated differently from a person absent for another reason, the treatment must not be unreasonable in the circumstances.
Information about an employee’s transition will not be disclosed merely because colleagues, residents or other persons wish to know it. Information will only be shared where the employee has agreed to the disclosure or where there is another lawful and necessary basis for disclosure. Where information is protected under section 22 of the Gender Recognition Act 2004, it must not be disclosed unless a statutory exception applies.
7. Facilities and Workplace Adjustments
{{org_field_name}} will provide workplace sanitary and washing facilities in accordance with the Workplace (Health, Safety and Welfare) Regulations 1992 and applicable health and safety legislation.
Where sanitary conveniences are provided on a separate-sex basis, separate facilities will be provided for men and women in accordance with the statutory requirements. Following For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, references to men and women for the purposes of the Equality Act 2010 are based on biological sex.
Where each sanitary convenience is provided in an individual room which is capable of being secured from the inside, that self-contained facility may be used by one person at a time irrespective of sex. Where practicable, {{org_field_name}} may provide additional self-contained facilities available to any member of staff, provided that the organisation continues to meet its legal obligations to provide suitable and sufficient facilities.
Facilities arrangements must be implemented in a manner which protects the dignity, privacy, safety and legal rights of all employees. A transgender employee must not be left without reasonable access to appropriate workplace toilet and washing facilities.
Where changing or shower facilities are required, {{org_field_name}} will comply with the applicable Workplace (Health, Safety and Welfare) Regulations and will consider privacy arrangements where appropriate.
Uniform and dress requirements will be based on the requirements of the employee’s role, infection prevention and control, health and safety, professional standards and the organisation’s lawful dress code. Any dress or uniform rules will be applied without unlawful discrimination.
Workplace forms and information systems will only collect information concerning sex, gender or title where there is a defined and lawful reason to do so. Where information about sex is required for a statutory or Equality Act purpose, it will be recorded and used in accordance with the applicable legal definition. Optional titles or other forms of address may be provided where operationally appropriate.
8. Handling Discrimination, Harassment and Complaints
{{org_field_name}} will not tolerate unlawful discrimination, harassment or victimisation because of gender reassignment or any other protected characteristic under the Equality Act 2010.
Harassment related to gender reassignment occurs where a person engages in unwanted conduct related to gender reassignment which has the purpose or effect of violating another person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. In deciding whether conduct has that effect, all relevant circumstances, including the perception of the person concerned and whether it was reasonable for the conduct to have that effect, will be considered in accordance with the Equality Act 2010.
Conduct such as targeted abuse, derogatory remarks, offensive jokes, persistent unwanted questioning about a person’s transition or medical history, deliberate disclosure of confidential information, or repeated deliberate use of language intended to humiliate or intimidate an employee because of gender reassignment may constitute harassment or misconduct depending upon the circumstances.
{{org_field_name}} also recognises that religion or philosophical belief is a protected characteristic under the Equality Act 2010 and that protected beliefs may include gender-critical beliefs concerning biological sex. Holding or lawfully expressing such a belief will not, by itself, be treated as misconduct. This does not permit bullying, harassment, discrimination or conduct that unlawfully infringes the rights of another person. Any conflict between protected rights will be considered objectively and on the particular facts of the case.
No allegation will automatically be classified as gross misconduct solely because it concerns gender identity, gender reassignment, sex or pronoun use. Allegations will be considered under the organisation’s disciplinary procedure having regard to the nature, seriousness, context, intention, effect, repetition and all other relevant circumstances.
An employee who believes that they have experienced discrimination, harassment or victimisation should normally raise the matter through the organisation’s grievance or complaints procedure or report it to their line manager, Registered Manager or HR representative.
The Whistleblowing (Speaking Up) Policy (CHW29) may be used where the concern constitutes a qualifying whistleblowing disclosure, including where the employee reasonably believes that they are raising information of the type protected by whistleblowing legislation and the applicable public-interest requirements are met.
Complaints will be handled as confidentially as reasonably practicable. Confidentiality cannot be guaranteed where information must be disclosed in order to investigate the allegation fairly, protect an individual, comply with safeguarding duties, comply with another legal obligation or permit a person complained about to understand and respond to an allegation.
Employees will not be subjected to unlawful victimisation because they have made or supported a complaint of discrimination, given evidence or information in connection with such a complaint, or otherwise carried out a protected act under the Equality Act 2010.
9. Recruitment and Career Development
{{org_field_name}} will operate recruitment, selection, promotion, training and career-development arrangements in accordance with the Equality Act 2010 and will not unlawfully discriminate because of gender reassignment, sex or any other protected characteristic.
Recruitment and selection decisions will be based on the requirements of the role, the applicant’s qualifications, competence, experience, suitability and any lawful regulatory requirements applicable to employment within the care service.
Applicants will not routinely be required to disclose that they are transgender, that they are proposing to undergo, are undergoing or have undergone gender reassignment, whether they hold a Gender Recognition Certificate, or details of their previous gender history.
Where a Disclosure and Barring Service check is required for the role, all relevant applicants will be informed that DBS operates a confidential sensitive applications route for transgender applicants. This route permits an applicant to provide relevant previous names and previous sex information directly to DBS without requiring that information to be disclosed to the recruiting organisation where the applicable DBS procedure permits this.
{{org_field_name}} will carry out the DBS and other recruitment checks required by the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended, but will not seek information about an applicant’s gender history merely because a DBS check is required.
Promotion, access to training, supervision, professional development and other career opportunities will be determined without unlawful discrimination.
10. Confidentiality and Data Protection
{{org_field_name}} will process information relating to an employee’s sex, gender identity, gender reassignment, transition, previous name or previous identity in accordance with the UK GDPR, Data Protection Act 2018 and any other applicable data protection legislation.
Such information is personal data and will only be collected, recorded, used, disclosed and retained where there is an identified lawful purpose and an appropriate lawful basis for the processing.
Information concerning gender identity or gender reassignment is not automatically special-category personal data under Article 9 UK GDPR. Where information reveals or concerns health, medical treatment, sexual orientation or another category listed in Article 9, the organisation will identify both an appropriate Article 6 lawful basis and an applicable Article 9 condition before processing that special-category data. Where required by the Data Protection Act 2018, the organisation will also satisfy the relevant Schedule 1 condition and maintain an appropriate policy document.
Access to information relating to an employee’s transition or gender history will be restricted to persons who require the information for a legitimate and lawful organisational purpose. Information will not be disclosed to colleagues, residents, relatives or other persons merely because they request it or are curious about the employee’s circumstances.
Where a person has applied for or obtained a Gender Recognition Certificate and a member of staff acquires protected information in an official capacity, section 22 of the Gender Recognition Act 2004 applies. Such protected information must not be disclosed unless the person concerned has consented or another statutory exception permits the disclosure.
Employees may exercise their data protection rights, including the right to request rectification of inaccurate personal data. A request for rectification does not require {{org_field_name}} to alter information which is accurate and which the organisation has a lawful and necessary reason to retain. Where different information is required for different lawful purposes, records will be managed appropriately and access will be restricted according to need.
Information will be retained only for as long as necessary in accordance with the organisation’s retention arrangements and applicable statutory requirements and will be protected through appropriate organisational and technical security measures.
Any unauthorised disclosure or inappropriate access to personal information will be managed under the organisation’s Data Protection and Confidentiality Policy and, where appropriate, its disciplinary, information-security and personal-data-breach procedures.
11. Mental Health and Well-being Support
{{org_field_name}} recognises that transgender employees may face mental health challenges, workplace stress, or discrimination. Support is available through Employee Assistance Programmes (EAPs), confidential counselling, and referrals to external LGBTQ+ support organisations. HR and management must ensure that employees feel safe discussing concerns and can access adjustments to workload or support systems if needed.
12. Gender Reassignment, Staff and Service User Interaction
{{org_field_name}} has duties towards both the individuals who receive care and support and the employees who provide that care. Decisions involving a resident’s preferences and a member of staff’s protected characteristics will therefore be considered individually and in accordance with the Equality Act 2010, the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended, the resident’s personal plan and the service’s safeguarding and employment obligations.
Residents must be treated with dignity and respect and, where applicable, their views, wishes, feelings, privacy, dignity, cultural background, religion or belief, trauma history, communication needs and relevant protected characteristics must be taken into account when planning and providing care and support.
Employees must also be protected from unlawful discrimination, harassment and victimisation because of gender reassignment, sex or another protected characteristic.
Where a resident or their representative requests that care, particularly intimate personal care, be provided by a member of staff of a particular sex, the Registered Manager will consider the reason for the request and the resident’s assessed needs, personal plan, privacy, dignity, safeguarding needs, trauma history, religion or belief and other relevant circumstances. Following For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, sex for the purposes of the Equality Act 2010 means biological sex.
A resident’s request will not automatically be accepted or rejected merely because it concerns a transgender employee. The Registered Manager will determine whether and how the request can lawfully and reasonably be addressed while protecting the rights, dignity and safety of the resident, the employee concerned and other individuals using the service.
Where comments or behaviour by a resident, relative or visitor towards a transgender employee are abusive, threatening, degrading or otherwise inappropriate, the Registered Manager will take reasonable steps to protect and support the employee. The response will take account of the individual’s capacity, health condition, cognitive impairment, communication needs and the circumstances surrounding the behaviour. Appropriate action may include reviewing the individual’s personal plan and risk assessment, discussing appropriate boundaries, seeking professional advice, adjusting working arrangements where lawful and proportionate, or using safeguarding procedures where required.
A member of staff will not be subjected to disciplinary action, disadvantage or removal from duties merely because they have the protected characteristic of gender reassignment. Equally, the rights and assessed care needs of residents will not be disregarded. Any competing rights will be considered objectively and proportionately on the facts of the individual case.
13. Training and Awareness for All Staff
All staff will receive mandatory training on transgender inclusion, which covers gender identity terminology, legal rights, correct pronoun use, and preventing discrimination. Managers will receive additional training on supporting employees who transition at work. Training will be reviewed annually and updated to reflect best practices and legal requirements.
14. Compliance and Monitoring
{{org_field_name}} will conduct annual reviews of workplace policies to ensure transgender inclusion. CIW inspectors may review transgender equality policies and workplace practices as part of routine inspections. Employee feedback on inclusivity and workplace support will be collected and used to improve policies.
15. Policy Review
This policy will be reviewed annually or sooner if CIW regulations change, new legal requirements emerge, or employee feedback suggests improvements.
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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