CONTENTS



Document Control SheetDocument ReferenceSCHRC 098Document TitleTransgender Employment Policy for academiesDescriptionPolicyVersion NumberV1.0Version DateSeptember 2019Last Review DateOcotber 2019Next ReviewDecember 2022Reviewed ByDocument History Model Transgender PolicySeptember 2019CONTENTS1Purpose of this Policy2Scope3Aims4Duties (Roles and responsibilities)5General Principles6Gender Recognition Certificate7Transition during Employment8Records and Data Protection9Absence from work10DBS Checks and Professional Qualifications11Provision of References12Bullying, Harassment and Victimisation13Training14Equality and Diversity15Relevant Legislation Applicable to this Policy16Additional Documents and Related Policies17Appendix 1 Sample Workplace Transition PlanPurpose of this PolicyThe purpose of this policy is to set a framework for how the school will support members of the school staff who have initiated the process of gender re- assignment of transitioning socially or medically to their true gender identity.This policy sets out the school’s commitment towards staff who wish to transition whilst employed by the school. It is recognised that work-life is a major part of an individual’s transition and to have a work environment where an individual feels valued and supported is essential. The school is committed to ensuring equality of opportunity for transgender employees and for supporting members of staff transitioning. The School will seek to ensure transgender employees can work in a supportive environment without fear of prejudice, discrimination or harassment.ScopeThis policy applies to all teaching and support staff at the schools (including those seconded to other schools) in which the governing body has adopted them for use. AimsThe policy aims to set clear guidance for all staff on the process for transitioning at work and the responsibilities of various staff involved. The policy aims to ensure that all staff are supported through their transition. At all times the school will be sensitive to the needs of the employee and will fully involve them in any decisions.Duties (Roles and responsibilities) The Strategic Leadership Team is accountable to the governing body for ensuring School compliance with policy. Line managers are responsible for ensuring policy implementation and compliance in their area(s). Staff are responsible for complying with policy. General Principles Transitioning is a term used to describe the process and steps an individual takes in order to live in the gender they identify as. This process is different for each person and can take months or years to complete. For some, the process of transitioning involves medical intervention and for others it does not. Regardless of how an individual transitions, the school expects all staff to treat their colleagues, students and visitors with dignity and respect, in a way which reflects and is appropriate to, the gender that person identifies with. An individual is protected from all forms of discrimination under relevant legislation, if they intend to undergo, are undergoing or have undergone a process (or part of a process) of gender reassignment. This process of gender reassignment does not have to include any medical processes. Discrimination means treating a transgender person less favourably than a person who is not transgender. The legislation also protects the individual from harassment and victimisation on these grounds. Individuals should at all times be addressed with their preferred title, pronoun and name. Failure to do so may breach the school’s code of conduct.Gender Recognition Certificate A Gender Recognition Certificate (GRC) is issued to a person where a successful application has been made to the Gender Recognition Panel. Once issued with a GRC, a person’s legal gender has been changed. If the person wishes, they may apply for a new birth certificate, but they do not have to apply and some people may choose not to.Where a person has a GRC, information about the person’s gender history is ‘protected information’. It is a criminal offence to share information that an employer has become aware of, (in an official capacity) without the person’s express consent. It is an offence to disclose a person’s transgender status without their permission irrespective of whether or not they hold a GRC. Not having a GRC must not be used to disadvantage a transgender person. Asking to see a GRC is not acceptable and may be regarded as harassment. It is therefore good practice to treat all transgender and non-binary people as though they have the protection of GRC. Birth Certificates should also not be requestedA GRC is not needed in order to change a name, pronouns, or the way a person dresses at work. Transgender people must have lived in their affirmed gender (after they change their gender role) for at least 2 years before being granted their GRC.Transition during Employment Transgender people are often afraid that their employer and their colleagues will react badly when they disclose their intention to transition. Therefore, it is important for managers and the employee to have every confidence in the process. Where a member of staff contacts their line manager to make them aware that they wish to transition, or are transitioning, the employee will be fully supported, treated sensitively and confidentiality will be maintained. A manager must not disclose this information to any other person without specific consent from the member of staff; preferably consent should be in writing. Where the employee agrees, an HR representative and the Headteacher can be informed. The HR representative will act as another specific point of contact for the individual. The line manager and employee should arrange an initial meeting during which the manager should ascertain the employee’s wishes for informing colleagues and initial discussions should take place around the content of a Transitioning at Work Plan (see example plan appendix 1).The plan should be agreed within a reasonable period of time and should cover those aspects of an employee’s transition that are relevant to work. Discussions with the employee will be person-centred and employee-directed. The plan should be reviewed regularly and amended as appropriate. The Transitioning at Work Plan will outline the school’s commitment to supporting the employee at all stages of their transition. The plan does not represent a binding and unchangeable arrangement, but rather a commitment to engage with and support the employee. Flexibility within the plan may be required where the needs of the employee change. The plan must be maintained securely and must not be open to unauthorised access. Information held electronically should be password protected. Discussions may include; change of name, personal details a discussion about which internal systems will need to be amended record-keeping of sensitive information how the employee wishes management, colleagues and others (where appropriate) to be informed and by whom whether trans awareness training is offered to the ‘team’ and if the employee feels this would be appropriate involvement of Occupational Health the employee’s milestones including when they may need time off work for medical appointments (these can change over time and should be reviewed regularly) agreeing / facilitating any dress code requirements use of toilets and changing facilities implications for pension and National Insurance DBS requirementsStaff benefitsAt all meetings, the staff member must be provided with the opportunity to be supported by a work colleague, trade union representative if they wish. Meetings to discuss the employee’s current/new milestones should be arranged at regular intervals. This will be an opportunity to ensure there are no emerging issues and ensure the employee continues to be supported throughout their transition. It is important that managers do not make assumptions. The Transitioning at Work Plan should be reviewed at least every three months, but should be reassessed at each significant stage of the process and/or at the request of the employee. When the employee wishes to begin presenting in their gender identity, how this will be communicated and to whom must be discussed and agreed with the employee. Such disclosures must be with the full consent of the employee and by an agreed method (i.e. email, letter, team meeting). It is for the employee to decide whether they would wish to tell colleagues themselves, or whether they would prefer their manager to do so, and if so, the extent of the information provided. An individual who is transitioning at work is entitled to retain their current job. It is not appropriate to discuss redeployment unless this is requested by that individual or in exceptional circumstances where there is a genuine occupational qualification and only where the individual does not have a GRC. The school’s Dress Code Policy, where one exists, should not restrict employees’ clothing or appearance choices on the basis of gender. Trans (including non-binary) employees are entitled to comply with the school’s policy in a manner which is consistent with their gender identity.Records and Data Protection Provision should be made for amending any documentation or record that could reveal a previous name, title, gender marker, or other identification. Access to any documentation that it is necessary for the school to continue to hold, but which refers to the individual’s transgender status or previous details, should be restricted to protect privacy and confidentiality. All IT records of the employee’s personal records must be secured in line with the General Data Protection Regulations; including being password protected and should be kept for no longer than is necessary. It is the line manager’s and HR’s duty to facilitate the change of records and documentation set out above.Absence from work Time off for appointments relating to transitioning will be subject to prior approval of the line manager. It is acknowledged that appointments and treatment may span many years. Absences directly related to transitioning or as a result of relevant medical treatment can be dealt with under the provisions of the Discretionary Leave of Absence Policy where appropriate.An employee who feels that flexible working may assist in supporting them throughout this time may apply for flexible working under the school’s flexible working arrangements.DBS Checks and Professional QualificationsThe DBS service has a specific procedure for a transgender person to obtain a DBS which does not reveal their former name and the gender that they were assigned at birth. This is known as a sensitive application and the individual would need to contact the DBS direct in respect of this. Where there are no convictions recorded, any details of other names provided direct to the DBS will not be revealed. Where criminal offences have been committed prior to transitioning, these may be revealed on the DBS check, thus disclosing an employee’s or prospective employee’s transgender status and/or previous details. In such circumstances, the information will be treated in the strictest of confidence.Where qualifications are a pre-requisite of the position an individual is applying for, then that person may have been able to obtain certificates in their affirmed gender reflecting their correct name and details. If this has not been the case, any certificates provided which are in the individual’s former name will be treated in the strictest confidence so as to protect the privacy of the individual.Provision of References If a reference is requested in respect of a current/former employee, the provider of the reference must not reveal the individual’s transgender status and the information ought to be provided using the affirmed gender of the employee and their current name.Bullying, Harassment and Victimisation Any form of transphobic, homophobic, bi-phobic bullying and harassment will not be tolerated i.e. repeatedly referring to someone by the incorrect name, gender, and/or pronoun is a form of harassment. Victimisation is where someone treats a person unjustly or that person is subjected to detriment because they have done a protected act, i.e. made a complaint about suffering discrimination. Such treatment will not be tolerated.Training A summary of key elements will be notified to managers following implementation. Further advice and guidance will be available from the school’s named HR Consultant. Equality and Diversity The school is committed to ensuring that, as far as is reasonably practicable, the way services are provided and the way staff are treated reflects their individual needs and does not unlawfully discriminate against individuals or groups. Relevant Legislation Applicable to this PolicyEquality Act 2010Gender Recognition Act 2004Sex Discrimination Act 1975Additional Documents and Related PoliciesACAS Gender Identity typology.Sample Work place transition plan (appendix 1).Bullying and Harassment Policy.Code of Conduct (including Dress Code).Appendix 1 Sample Workplace Transition PlanThis sample Workplace Transition Plan addresses some of the processes that may occur at the schools during an employee transition. This sample plan should be adapted to meet the transitioning employee’s individual needs.Before the workplace transition begins:The transitioning employee should get together with their selected first point of contact to make them aware of the employee’s upcoming transition.If the point of contact is not in HR, then the transitioning employee should be referred to HR. Make sure the employee knows about the school’s transgender-related policies, occupational health and employee wellbeing scheme.Next, if the transitioning employee’s manager was not the first point of contact, a meeting between the transitioning employee and the employee’s manager – and others, if desired by the transitioning employee – should be scheduled to ensure the supervisor knows of the employee’s planned transition. Note: management beyond the transitioning employee’s manager should be made aware of the employee’s planned transition so that leaders can express their support when the employee’s transition is made known to the employee’s work team.The transitioning employee and their initial point person should meet to discuss all of the individuals who will need to be included in the workplace transition plan. This should include the employee, the employee’s immediate supervisor, and someone from HR. All members of this transition team should familiarise themselves with the school’s policies and any other relevant resources that provide educational information about transgender issues.Keep in mind that a timeframe would be helpful for when each person needs to become involved in the employee’s transition process, as it is likely not all individuals of the transition team need to be brought on board at once.Also recognise that certain stages of the workplace transition process will require more lead time than others. Set a timeline that attempts to realistically and accurately predict how long each step should take.Create the Workplace Transition Plan. Make sure it addresses all of the following areas: i. The date when the transition will officially and formally occur. This means the date that the employee will change their gender expression, name, and pronouns. The transitioning employee may choose to begin using the staff facilities associated with their gender identity on this date as well. The transitioning employee will know best when this should occur as they will be able to determine all relevant factors to be considered when choosing this date.ii. Decide how, and in what format, the transitioning employee’s co-workers should be made aware of the employee’s transition. It is up to the transitioning employee to decide if they would like to make some co-workers aware of their transition on a one-on-one basis before it is officially announced.iii. Decide what, if any, training will be given to colleagues.iv. Determine what updates should be made to the transitioning employee’s records, and when they will be made.v. Determine dates of any leave that may be needed for pre-scheduled medical procedures.Ensure that all name changes and photographs are updated in advance so that they can go live on the transition day. This includes email addresses. Make sure to keep in mind that name changes within certain processes could take longer than in others. Figure this into the Transition Plan timeline.The day the transition will be made known to the work team:Have a work team transition meeting that includes the transitioning employee, the employee’s line manager, the employee’s colleagues, and any other management. It’s important to have this meeting in person if at all possible .If the employee thinks it would be helpful, a handout about transgender issues can be provided at this meeting. It is up to the employee whether they feel comfortable attending or would prefer not to be there.The team leader should announce the transition, along with any other high level management who are there in order to show solidarity for the transitioning employee. The speaking team leader must:i. Emphasise the transitioning employee’s importance at the school and the management’s complete support of the employee’s transition.ii. Review the school’s relevant non-discrimination policies.iii. Indicate that the transitioning employee will be presenting themselves in accordance with their gender identity and this should be respected. The manager should also advise colleagues about the transitioning employee’s new name and preferred pronoun.iv. Be a behavioural model by using the transitioning employee’s new name and pronoun in all communication – written and oral, formal and informal.v. Make a point that the transition will not change the workplace and that everything should go on as it did previously.vi. Solicit any questions. Refer questions that the manager cannot answer to HR.vii. If training is going to occur, the date should be announced at this meeting. If possible, the training should occur before the date of the employee’s official workplace transition.The first day of the employee’s official workplace transitionThe transitioning employee’s manager should be clear that all elements are in place, in the same way the supervisor would for a new hire or transferred employee. These elements include: 1. Making sure that the transitioning employee has a new ID badge and photo if necessary.2. Ensuring all work documents have the appropriate name and gender and checking that these have been changed in all of the places an employee’s name may appear. ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download