Transgender / Gender Reassignment (Policy & Guidance)

Transcription

1 Transgender / Gender Reassignment (Policy & Guidance) Publication Scheme Y/N Can be published on Force Website Department of Origin Human Resources Policy Holder Head of HR Operations Author Equality & Diversity Support Officer Related Information Attendance Management Policy Dignity at Work Policy Diversity Policy Dress & Appearance Policy Fairness at Work Policy Standards & Values Policy Date First Approved at FPG 26/06/2013 This Version V1.0 Created 13/06/2013 Date of Next Review 26/06/2016 June 2013

2 Transgender Human Resources Policy Statement Merseyside Police is committed to the principles of equality of opportunity that underpin the Equality Act 2010, both in the provision of services and in our role as an employer. In pursuing these commitments the Force acknowledges its statutory duties under the Act, which specifically protects transgender people against discrimination, whether direct or indirect; also harassment and victimisation in the workplace. Aims The aim of the policy is to ensure that transgender people and individuals undergoing the gender reassignment process are treated fairly and supported in their recruitment, deployment and development. Objectives In broad terms the policy should enable individuals within the Force to feel comfortable to formally / legally change their gender whilst receiving the required support from the organisation. Associated objectives are to: a) Provide a working environment that enables all staff to work to their full potential, and to provide a culture where all staff feel that they are valued. b) Ensure that transgender people are treated no less favourably because of their protected characteristic under the Equality Act 2010 c) Provide information, guidance and advice to members of staff and managers on transgender and gender reassignment issues. Application and Scope All police officers and police staff, including the extended police family and those working voluntarily or under contract to Merseyside Police must be aware of, and are required to comply with, all relevant policy and associated procedures. This policy applies equally to everyone working for Merseyside Police irrespective of his or her status within the organisation. It also applies to work related social functions outside working hours and to any event that has a direct link with the working relationship. Status: V1.0 1 Last Update: 13/06/2013

3 Transgender Human Resources Any conduct that falls short of our expected standards is not acceptable. Anyone either conducting or condoning such behaviour will be liable to disciplinary action. The Chief Officer lead for this policy is the Assistant Chief Constable responsible for the Personnel portfolio. Outcome Evaluation It is unlikely that there will be sufficient quantitative information available in order to provide any meaningful analysis. However some qualitative information should exist to ensure that any individuals and their managers are able to determine and influence outcomes. This should assist with the transition process. Status: V1.0 2 Last Update: 13/06/2013

4 Transgender Human Resources Contents Context & Terminology Legal Responsibilities Responsibilities of Management and Staff Gender Reassignment Process and Support Representation Confidentiality Further information and Guidance Status: V1.0 3 Last Update: 13/06/2013

5 Transgender Human Resources Summary Guidance 1. Context & Terminology 1.1 A transgender person is someone who has a deep conviction that their gender - whether they are a man or a woman - does not conform to the sex they were assigned at birth. Many transgender people wish to change their name and personal details and live as a member of the gender with which they identify. The process is referred to as gender reassignment or transitioning. 1.2 The Equality Act 2010 provides protection for gender reassignment. Gender transition is achieved by the person who intends to undergo, is undergoing or has undergone a process of gender reassignment (which may or may not involve hormone therapy or surgery). 1.3 Many transgender people (although not all) seek medical assistance to make their body conform with their gender identity. This is achieved through a variety of medical interventions, but this will vary from individual to individual. The process as a whole is referred to as gender reassignment (transition), by which the body is reassigned to match the individual s gender identity. 1.4 This summary guidance is supplemented by more Detailed Guidance that provides more information on various aspects of Transgender / Gender Reassignment and signposts additional sources of relevant information. 2. Legal Responsibilities 2.1 The Equality Act 2010 makes it unlawful to discriminate on the grounds that a person intends to undergo gender reassignment (transition), is undergoing gender reassignment or has undergone gender reassignment. This covers all aspects of employment, including recruitment and selection processes, employment-related benefits, and facilities, including training, career development and references. 3. Responsibilities of Management and Staff 3.1 To ensure that measures are in place to protect and assist a person who is undergoing transition, Management and Staff must be aware of their obligations: a) Not to discriminate against transgender people; b) Not to harass transgender people or create a hostile environment by using transphobic language (whether or not this is in the presence of a transgender person); c) Not to victimise a transgender person who has complained about a transphobic incident; d) Not to penalise a transgender person who takes time off for treatment associated with gender reassignment; e) To maintain the privacy and dignity of transgender people; Status: V1.0 4 Last Update: 13/06/2013

6 Transgender Human Resources 4. Gender Reassignment Process and Support 4.1 The Force recognises that there may be instances where an individual may wish to formally / legally change their gender. The organisation will respect and support what is an intensely personal and private decision for an individual. 4.2 This change in social gender will usually take place during or after hormone therapy but this can take place years before any final surgical procedure. As highlighted earlier for some people the surgical procedure may not take place at all. 4.3 In order to successfully support a member of staff s gender reassignment and manage the organisation s responsibilities, it is essential to ascertain the detailed views of how the individual wishes the process to be handled at an early stage. Sensitive and considered discussions can identify and resolve potential areas of difficulty and conflicts before they arise. The Employee Relations Manager, ER Advisors and Community Engagement Diversity Team are able to assist members of staff and line managers with developing and agreeing a suitable process. 4.4 A Detailed Guidance Document is available to support the process and a Gender Transition Support/Agreement Template is provided for the use of the individual undergoing gender reassignment, in conjunction with their line manager if they so wish. This document is designed to support staff who intend to undergo, are undergoing or have undergone gender reassignment. 4.5 The transition template is intended to be used as a formal agreement between the relevant parties to meet the specific needs of the individual s role and special requirements during and following transition. Nothing must be done without the consent / knowledge of the individual. 4.6 The use of the template is optional, and the level of detail entered is purely a matter for the individual. The individual and their line manager may use it as a checklist reminder of the possible steps which gender reassignment may take, and may fill it in together as the individual s plans for gender reassignment emerge and progress. 4.7 Not all details will be known at the outset, particularly the nature and progress of medical treatment therefore the template is a living document that if used, will need to be reviewed and updated as necessary. 4.8 Managers must not impose the use of the checklist on an individual nor use it to dictate the pace of the gender reassignment process. Under no circumstances must the information contained in the checklist be shared with somebody else without the expressed permission of the individual undergoing gender reassignment. 4.9 Once an individual has commenced the transition process they will at some point legally change their gender. To facilitate this there will need to be discussion with the individual to obtain permission to liaise in strict confidence, with specific members of staff who can offer support and guidance in the process, for example the HR Shared Services Manager who will assist with the amendment of personal records. This will be agreed in advance with the individual undergoing transition and may be documented in the Gender Transition Support/Agreement Template where appropriate. Status: V1.0 5 Last Update: 13/06/2013

7 Transgender Human Resources 5. Representation 5.1 Any member of staff who wishes to formally / legally change their gender have the right to be accompanied at any meeting by a member of a Staff Association, Trade Union, Support Network, or colleague of Merseyside Police. 5.2 Volunteers do not have any employment rights and support that is available is limited to their role as a volunteer and not as an employee. 6. Confidentiality 6.1 All cases will be dealt with in complete confidence, and within boundaries agreed by all parties involved. When a line manager or any member of staff is approached by a transgender member of staff for assistance and support, the anonymity of the individual undergoing gender reassignment must be maintained at all times to ensure confidentiality. 6.2 Staff must also be aware and advised that any unjustified disclosure may render them subject to investigation in accordance with the Police Misconduct Regulations, Police Staff Disciplinary Procedures, or criminal proceedings under the Gender Recognition Act Further information and Guidance 7.1 Detailed guidance on transgender / gender reassignment and conditions of service can be found in the Detailed Guidance document for management and staff. Further advice can be obtained from the HR Department and the Community Engagement Diversity Team Status: V1.0 6 Last Update: 13/06/2013