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DC133-Transgender Equality and Workplace Support Policy

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Registration Number: {{org_field_registration_no}}

Transgender Equality and Workplace Support Policy

1. Introduction and Purpose

{{org_field_name}} is committed to providing and maintaining a safe, inclusive, respectful and legally compliant environment for all staff, workers, volunteers, service users, relatives, representatives, advocates, professionals and visitors. This policy sets out how the organisation will promote equality, dignity, privacy, respect, safety and person-centred care for transgender, non-binary and gender-diverse people who work for, use, visit or come into contact with the service.

This policy applies to both employment practice and domiciliary care delivery. It supports compliance with the Equality Act 2010, the Gender Recognition Act 2004, the Human Rights Act 1998, the Care Act 2014, the UK GDPR and Data Protection Act 2018, and the Health and Social Care Act 2008 regulatory framework, including the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.

The purpose of this policy is to ensure that transgender, non-binary and gender-diverse people are treated fairly and without discrimination, harassment or victimisation; that their privacy and confidentiality are protected; that their care and support are planned around their individual needs, wishes, preferences and risks; and that any concern, complaint, safeguarding matter or workplace issue is managed promptly, fairly and sensitively.

2. Scope of the Policy

This policy applies to all employees, workers, agency staff, bank staff, volunteers, students, contractors, consultants, job applicants, service users, relatives, friends, representatives, advocates, visiting professionals, commissioners and any other person who has contact with {{org_field_name}}.

This policy applies to all areas of the organisation’s work, including recruitment, selection, induction, supervision, training, disciplinary and grievance processes, care assessment, care planning, risk assessment, reviews, personal care, medication support, communication, record keeping, safeguarding, complaints, confidentiality, data protection and day-to-day conduct.

Where this policy refers to “staff”, it includes employees, workers, volunteers, agency staff and contractors unless the context requires otherwise. Where this policy refers to “service users”, it includes people receiving care or support from {{org_field_name}}, including people receiving domiciliary care in their own home or in another community setting.

3. Legal Framework and Regulatory Compliance

This policy must be read alongside the organisation’s Equality, Diversity and Human Rights Policy, Safeguarding Adults Policy, Complaints Policy, Data Protection and Confidentiality Policy, Recruitment Policy, Staff Conduct Policy, Dignity and Respect Policy, Person-Centred Care Policy and Disciplinary and Grievance Procedures.

The organisation will comply with all relevant legislation and statutory/regulatory requirements, including but not limited to:

The organisation will also consider current CQC equality, diversity and human rights expectations. CQC states that an equality, diversity and human rights policy helps it check that a provider can meet legal obligations and provide inclusive care that respects people’s rights.

4. Definitions

For the purpose of this policy:

Transgender or trans means a broad term used to describe a person whose gender identity differs from the sex they were registered or assigned at birth. Some people may use the term trans; others may use a different term or may not wish to use any label.

Gender reassignment has the meaning set out in the Equality Act 2010. A person is protected 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. A person does not need to have medical treatment, surgery, a Gender Recognition Certificate or any particular diagnosis to be protected under the Equality Act 2010.

Non-binary means a person whose gender identity is not exclusively male or female. A non-binary person may or may not identify as trans.

Gender identity means a person’s internal sense of their own gender.

Gender expression means how a person presents or expresses their gender, including through clothing, name, pronouns, hairstyle, voice, behaviour or appearance.

Sex means biological sex for the purposes of the Equality Act 2010, following the UK Supreme Court judgment in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16. This does not remove protection from discrimination, harassment or victimisation because of gender reassignment.

Legal sex means a person’s sex as recognised for legal purposes. The organisation will take advice where a decision requires a distinction between biological sex, legal sex, gender identity, privacy, dignity, safeguarding or a single-sex service consideration.

Gender Recognition Certificate or GRC means a certificate issued under the Gender Recognition Act 2004. Information about a person’s GRC application, gender history or acquired gender may be protected information and must not be disclosed unlawfully.

Deadnaming means using a person’s previous name without a legitimate reason and without their consent.

Misgendering means referring to a person using words, names, titles or pronouns that do not reflect the name, title or pronouns they have asked the organisation to use, unless there is a specific lawful and justified reason.

Harassment means unwanted conduct related to a protected characteristic, including gender reassignment, which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.

Victimisation means subjecting a person to a detriment because they have made, supported or may make a complaint or allegation under equality law or this policy.

5. Commitment to Equality, Dignity and Inclusion

{{org_field_name}} will promote a culture where transgender, non-binary and gender-diverse people are treated with dignity, respect, kindness, compassion and fairness.

The organisation will:

6. Recruitment and Employment Practices

Recruitment, selection, employment and promotion decisions will be based on merit, competence, values, conduct, qualifications, experience, role requirements and safe recruitment requirements. The organisation will not discriminate unlawfully against an applicant, employee, worker, volunteer or contractor because of gender reassignment, sex, sexual orientation, disability, race, religion or belief, age, pregnancy and maternity, marriage or civil partnership, or any other protected characteristic.

Job adverts, job descriptions, person specifications and interview questions will be written and applied fairly and will avoid unnecessary gendered language or assumptions. Any requirement relating to sex, privacy, dignity, personal care, occupational requirement, service user choice or safeguarding must be objectively justified, lawful, proportionate and discussed with senior management before being applied.

Applicants and staff will not be asked unnecessary questions about their gender history, transition, medical treatment, Gender Recognition Certificate status or previous names. Where previous names or identity documents are required for DBS, right to work, payroll, pension, professional registration, employment history or safeguarding checks, this information will be handled confidentially and only by staff who need it for that specific lawful purpose.

The organisation will respect a staff member’s chosen name, title and pronouns in day-to-day working arrangements. Staff records, email accounts, ID badges, rotas and internal systems will be updated promptly where reasonably practicable, subject to any legal, payroll, pension, safeguarding, regulatory or identity-checking requirements.

A staff member’s transgender status, gender history, transition, GRC status, medical information or previous name must not be disclosed to colleagues, service users, relatives, professionals or third parties without the person’s consent, unless there is a clear lawful basis and a need to know.

Staff may dress consistently with their gender identity, subject to the organisation’s dress code, infection prevention and control requirements, health and safety, professional appearance standards and any role-specific requirements.

Where a staff member experiences discriminatory conduct from colleagues, service users, relatives, visitors or professionals, the organisation will take reasonable steps to protect the staff member, address the conduct and maintain safe, respectful care delivery. Discriminatory preferences from service users will not automatically be accepted as a reason to exclude a staff member from care delivery. Any staffing decision must be based on lawful, proportionate and documented considerations such as safety, dignity, consent, risk, continuity of care and the rights of all persons involved.

7. Training and Awareness

All staff will receive appropriate training, information and guidance to support equality, diversity, human rights, dignity, person-centred care, safeguarding, confidentiality and professional conduct.

Training will be provided at induction and refreshed at intervals determined by the organisation’s training matrix, risk assessment, role requirements, supervision findings, complaints, incidents, audits, CQC updates and changes in law or guidance.

Training will include, where relevant to the role:

Managers and supervisors will receive additional guidance on handling confidential information, supporting staff, responding to complaints or incidents, making lawful and proportionate decisions, and documenting decisions clearly.

Training records will be retained and monitored as part of the organisation’s governance, quality assurance and compliance systems.

8. Supporting Transgender, Non-Binary and Gender-Diverse Staff

The organisation will support any staff member who informs the organisation that they are transgender, non-binary, gender-diverse, transitioning, considering transition, changing their name, changing their pronouns or seeking workplace support.

Support will be led by the staff member wherever possible. The staff member may choose whether to involve their line manager, the Registered Manager, HR, a trusted colleague, a trade union representative or another representative.

Where the staff member wants a workplace support plan, the organisation will agree and record, as appropriate:

Requests for time off related to gender reassignment, transition, medical appointments or wellbeing will be considered sensitively and consistently with the organisation’s leave, sickness absence, equality and wellbeing policies. Absence must not be treated less favourably because it relates to gender reassignment.

Staff must not disclose, speculate about, gossip about, question or challenge another person’s gender identity, gender history, body, medical treatment, previous name, GRC status or transition. Any such conduct may be treated as misconduct or gross misconduct depending on the circumstances.

Where a staff member raises a concern about discrimination, harassment, bullying or victimisation, the matter will be handled promptly and confidentially under the appropriate grievance, disciplinary, safeguarding, whistleblowing or complaints procedure.

9. Service Delivery and Care Provision

The organisation will provide care and support to transgender, non-binary and gender-diverse service users in a respectful, safe, person-centred and non-discriminatory way.

Assessment and care planning must identify and record, where relevant and with the person’s involvement:

Staff must use the person’s chosen name, title and pronouns in day-to-day interactions, unless there is a specific lawful, safeguarding, clinical, record-keeping or emergency reason not to do so. Staff must not disclose a person’s transgender status, gender history, previous name, GRC status, medical history or transition-related information to relatives, other service users, professionals or third parties unless the person has consented or there is another lawful basis for disclosure.

Personal care must be provided in a way that maximises privacy, dignity, consent, choice and control. Staff must explain what they are doing, seek consent, respect the person’s wishes, avoid unnecessary exposure, and stop or pause care where the person withdraws consent or becomes distressed, unless urgent action is required to prevent serious harm.

Where a service user has a preference about the sex of the care worker providing personal or intimate care, this must be explored sensitively, recorded and reviewed. The organisation will take reasonable steps to meet lawful and reasonable preferences while also complying with equality law, staffing duties, safety, dignity, safeguarding, continuity of care and the rights of staff. Decisions must be individual, proportionate and documented.

Relatives, representatives or advocates must not be allowed to override the person’s own wishes, identity, dignity, confidentiality or consent where the person has capacity to make the relevant decision. Where the person lacks capacity for a specific decision, staff must follow the Mental Capacity Act 2005, best interests principles, advocacy requirements, safeguarding procedures and any valid legal authority such as a Lasting Power of Attorney or court order.

Any discriminatory abuse, harassment, humiliation, deliberate misgendering, deadnaming, threatening behaviour, coercion, neglect, improper treatment or breach of dignity involving a service user must be reported and managed in line with safeguarding, complaints, incident reporting and governance procedures.

10. Single-Sex, Sex-Based and Privacy Considerations

The organisation recognises that some decisions in care delivery may involve sex, privacy, dignity, safeguarding, intimate care, service user choice, staff safety, equality rights or the use of single-sex arrangements.

Following the UK Supreme Court judgment in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, the terms “sex”, “woman” and “man” in the Equality Act 2010 are to be understood by reference to biological sex. The organisation also recognises that transgender people remain protected from discrimination, harassment and victimisation because of gender reassignment.

The organisation will not apply blanket rules that automatically exclude or disadvantage transgender, non-binary or gender-diverse people. Where a sex-based or single-sex consideration arises, the Registered Manager or nominated senior manager must make an individual, evidence-based and proportionate decision, taking into account:

Any decision must be recorded with the rationale, risk assessment, consultation undertaken, options considered, outcome, review date and any steps taken to reduce distress or disadvantage.

11. Confidentiality, Records and Data Protection

The organisation will protect all personal information relating to a person’s sex, gender identity, gender history, gender reassignment, transition, previous name, pronouns, medical history, Gender Recognition Certificate status, employment records and care records.

Such information must only be collected, recorded, accessed, used or shared where there is a lawful basis, a clear purpose and a need to know. Staff must not access or share information out of curiosity or for personal reasons.

Information about a person’s transgender status, gender history, previous name, transition or GRC status must not be disclosed to colleagues, relatives, service users, professionals, commissioners or third parties unless:

Where a person has or may have a Gender Recognition Certificate, staff must be aware that information about the person’s gender history or GRC may be protected information under the Gender Recognition Act 2004 and unlawful disclosure may be a criminal offence.

Records must be accurate, respectful and relevant. Day-to-day records should use the person’s chosen name, title and pronouns. Where sex, clinical history, anatomy, medication, screening, safeguarding, risk or legal identity information is necessary for safe care or lawful administration, this must be recorded clearly, sensitively, securely and with restricted access where appropriate.

Requests to change names, titles, pronouns or gender markers on records must be actioned promptly where practicable, subject to any lawful requirements relating to identity, payroll, pensions, DBS, professional registration, safeguarding, clinical safety, care continuity or audit records.

Any breach of confidentiality involving gender identity, gender history, transition or related information must be reported immediately under the organisation’s Data Protection, Confidentiality, Incident Reporting and Safeguarding procedures. The organisation will assess whether the breach must be reported to the Information Commissioner’s Office, CQC, commissioners or any other relevant body.

12. Addressing Discrimination, Harassment, Bullying and Victimisation

The organisation has zero tolerance of unlawful discrimination, harassment, bullying, victimisation, abuse, degrading treatment, humiliation, deliberate misgendering, deliberate deadnaming, unwanted disclosure of gender history, intrusive questioning, offensive jokes, exclusion, intimidation or retaliation.

This applies whether the conduct is carried out by staff, managers, service users, relatives, visitors, contractors, professionals or any other person connected with the organisation.

Any concern may be managed under one or more of the following procedures, depending on the circumstances:

Where the concern involves a service user, the organisation will consider whether the matter amounts to discriminatory abuse, psychological abuse, organisational abuse, neglect, improper treatment or a breach of dignity and respect. CQC safeguarding guidance states that safeguarding systems should uphold human rights and protect people from discrimination.

Where the concern involves a staff member, the organisation will take reasonable steps to protect the staff member from discriminatory conduct and ensure that any response is lawful, fair, proportionate and documented.

All allegations will be taken seriously, recorded, investigated appropriately and handled confidentially. Outcomes may include apology, learning, supervision, retraining, changes to care arrangements, disciplinary action, safeguarding referral, police referral, commissioner notification, CQC notification where required, or other proportionate action.

No person will be victimised for raising a concern, supporting another person to raise a concern, making a complaint, participating in an investigation, or asserting rights under this policy or equality law.

13. Safeguarding and Risk Management

The organisation recognises that transgender, non-binary and gender-diverse people may be at risk of discrimination, harassment, hate incidents, domestic abuse, coercion, family rejection, social isolation, mental health distress, self-neglect, financial abuse, sexual abuse, psychological abuse, organisational abuse or neglect.

Staff must remain alert to signs that a person may be unsafe or experiencing abuse, neglect, harassment, humiliation, intimidation, coercive control, hate crime, discriminatory abuse or improper treatment. Concerns must be reported immediately in line with the Safeguarding Adults Policy and local safeguarding procedures.

Safeguarding concerns may include, but are not limited to:

Where a safeguarding concern is identified, the organisation will take prompt action to protect the person, seek consent where appropriate, consider mental capacity, involve advocacy where required, make safeguarding referrals where necessary, notify relevant professionals or commissioners where appropriate, and record the concern, action taken and outcome.

Risk assessments must be individual and proportionate. They must not be based on stereotypes, assumptions or prejudice. Risk assessments must consider the person’s wishes, safety, dignity, privacy, mental capacity, communication needs, care needs, home environment, family circumstances, staff safety and any known safeguarding concerns.

14. Care Planning, Reviews and Service User Involvement

Care plans and risk assessments must be developed with the service user wherever possible and must reflect the person’s voice, wishes, preferences, strengths, needs, risks and desired outcomes.

Where relevant, care plans must clearly record how the person wishes to be addressed, how privacy and dignity will be maintained, what information may be shared and with whom, and any support required in relation to personal care, healthcare appointments, communication, emotional wellbeing, family relationships, community access or safeguarding.

Care plans must be reviewed regularly, when requested by the person, after any incident or complaint, after a safeguarding concern, when needs or risks change, or where staff identify that current arrangements may no longer be meeting the person’s needs.

The organisation will seek feedback from transgender, non-binary and gender-diverse service users where appropriate and safe to do so, including through reviews, surveys, complaints, compliments, spot checks and quality assurance processes. Feedback will be used to improve training, care planning, communication, safeguarding, staff conduct and service delivery.

15. Monitoring, Governance and Review

The Registered Manager is responsible for ensuring that this policy is implemented, monitored and reviewed.

Compliance with this policy will be monitored through supervision, spot checks, care plan audits, record audits, staff feedback, service user feedback, complaints, safeguarding reviews, incident analysis, training records, recruitment audits and quality assurance processes.

The organisation will monitor whether transgender, non-binary and gender-diverse staff and service users are treated with dignity, respect and fairness, and whether any concerns, complaints, incidents or safeguarding matters indicate a need for improvement.

Learning from complaints, safeguarding concerns, incidents, audits, feedback, supervision and changes in legislation or guidance will be used to update practice, training and this policy.

This policy will be reviewed at least annually and sooner if there are changes in legislation, statutory guidance, CQC guidance, EHRC guidance, case law, organisational practice, safeguarding learning, complaints, incidents or identified risks.

16. Reporting Concerns and Complaints

Any person may raise a concern or complaint about discrimination, harassment, bullying, victimisation, dignity, privacy, confidentiality, care delivery, staff conduct, safeguarding or a breach of this policy.

Concerns may be raised with:

Service users and their representatives will be supported to raise concerns in a way they can understand and use. This may include support with communication, advocacy, accessible information, translation, family involvement where appropriate, or assistance from a representative of their choice.

Complaints will be acknowledged, recorded, investigated and responded to in line with the Complaints Policy. The organisation will take necessary and proportionate action where a failure is identified and will use complaints as an opportunity to learn and improve.

Where a complaint or concern indicates possible abuse, neglect, discriminatory abuse, improper treatment, breach of dignity, breach of confidentiality or risk of harm, the matter must also be considered under safeguarding, incident reporting, data protection and regulatory notification procedures.

The organisation will not tolerate victimisation of any person who raises a concern, makes a complaint, supports another person to complain, or participates in an investigation.

17. Responsibilities

The provider is responsible for ensuring that this policy is lawful, current, implemented and supported by appropriate systems, training and governance.

The Registered Manager is responsible for ensuring that staff understand and follow this policy, that concerns are acted on, that records are accurate and confidential, and that care delivery complies with CQC fundamental standards.

Managers and supervisors are responsible for modelling respectful behaviour, supporting staff and service users, responding promptly to concerns, maintaining confidentiality, ensuring care plans and risk assessments are updated, and escalating safeguarding, complaints, HR or regulatory matters where required.

All staff are responsible for treating people with dignity and respect, using agreed names and pronouns, maintaining confidentiality, following care plans and risk assessments, reporting concerns, completing required training and challenging or reporting discriminatory conduct.

HR or the nominated employment lead is responsible for supporting fair recruitment, confidential employment records, workplace support plans, staff concerns, grievances and disciplinary matters linked to this policy.

Service users, relatives, representatives, advocates, visitors and professionals will be expected to treat staff and others with dignity and respect. The organisation will address discriminatory or abusive conduct in a lawful, proportionate and person-centred way.

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}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.

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