Code of Practice: Trans People (Gender Identity)

Policy Statement

Loughborough University supports equality of opportunity and the promotion and celebration of diversity. The University is committed to ensuring that there is no discrimination on the grounds of Gender Identity, (Trans People) in order that staff, visitors and contractors feel safe and supported in a learning, working and living environment, which positively reinforces equality of opportunity. The University recognises the divisive and harmful effects of transphobia, which subjects Trans people to negative attitudes and treatment. This code of practice requires equal treatment for Transsexual people as set out under the Sex Discrimination (Gender Reassignment) Regulations 1999 and the Gender Recognition Act 2004, (see Appendix A), .

The University aims to ensure that staff and applicants at Loughborough University are treated solely on merit, ability and potential in recruitment, selection, training, development and promotion. Compliance with the regulations will ensure that individuals are not subjected to unlawful discrimination based on their Gender Identity.

Aims of This Policy

This Code of Practice aims to increase understanding and awareness of the University’s Policy on the employment of Trans people. It also outlines the legal framework for employing Trans people.

The University recognises the strengths of a workforce made up of people from diverse backgrounds. It is keen to ensure that, wherever possible, posts are accessible to Trans people. This is in keeping with anti-discrimination legislation and the Press for Change “Code of Practice on Transsexual People in the Workplace”.

The University actively encourages non discriminatory practices in the employment of Trans people.

Loughborough University Commitment

The University will create an environment free from discrimination and is committed to ensuring that Trans members of staff are not treated less favourably or subject to harassment on the grounds of their gender identity.

The University will ensure that Trans people will not be treated less favourably on the grounds that they intend to undergo gender reassignment, are already undergoing gender reassignment, or have at some time in the past undergone gender reassignment.

All employment opportunities at the University will be open to all, irrespective of their Gender Identity, appointments will be made purely on the basis that individuals best meet the requirements of a specific Job Description and the attributes and abilities as described in the Person Specification.

The University will promote its commitment to Equality and Diversity and in this particular context to Trans people by endeavouring to:

Create a secure environment by ensuring that Trans employees, at all levels in the organisation, feel safe to be open about their gender identity if they so wish.

This will be achieved by:

Ensuring that Trans people are not treated less favourably than anyone else in recruitment, terms and conditions, promotions, transfers, dismissals and training
Reviewing all practices, policies and procedures to make sure that they meet legislative requirements to ensure they are non -discriminatory
Respecting an individual’s right to self-identify as female or male, recognising all members of the University community in the gender in which they choose to present, in so far as is reasonable and practicable
Where a Trans person holds a Gender Recognition Certificate the University will recognise this as required by law
Amending university records so that all employment rights and academic credits are retained and reflect the correct name and or gender of the individual.
Considering disciplinary action against staff who discriminate against Trans employees, those seeking employment, students, visitors or contractors
Ensuring that the guidelines for staff are clear to follow in cases where they feel they have been discriminated against, harassed or victimised
Consulting on relevant issues through the Staff Lesbian, Gay, Bisexual and Trans, (LGBT) Group
Ensuring that staff are allowed appropriate time off to attend the Staff LGBT Group if they so wish, where this is operationally possible.
Recognising the right of individual staff to be open, or to “come out’ about their Transsexuality and for their position to be respected or to be recognised
Recognising the individual’s right for their Gender Identity to be kept private if they prefer this to be the case
Avoiding and eliminating discrimination, on the grounds of Gender Identity, by including this in mandatory equality training programmes, to heighten awareness, challenge transphobic behaviour and encourage good practice
Providing other appropriate training for staff on issues concerning Trans people, which also clarifies their responsibilities
Ensuring that procedures and processing of information are confidential and reassuring staff that this is the case.

Recruitment

The University will:

Regularly review and monitor recruitment and selection procedures to make sure that they are fair and reflect current best practice
Ensure that all managers who recruit new staff attend recruitment and selection training
Promote the University as an Equal Opportunities employer

There is no obligation for a transsexual person to disclose their status as a condition of employment. The University does not require applicants for employment to disclose their Trans status. This question will not be asked at interview.

If an applicant chooses to disclose their Trans status, this will not be grounds for consideration of their suitability to carry out the role. Non-disclosure or subsequent disclosure is not grounds for dismissal.

Any disclosure should be treated in confidence and dealt with in line with the Code of Practice on Equal Opportunities.

Genuine Occupational Qualification

In higher education the gender of a person is of no relevance to their ability to carry out their job in most cases. However, the Regulations acknowledge an exception relating to gender reassignment as some specific posts are “exempted” under the Sex Discrimination Act 1975 and are open only to a single sex. For example, if intimate contact is required it may be reasonable to object to a Trans person carrying out this role The University will look at such circumstances in order to ensure that a satisfactory arrangement is agreed.

In these cases only, it is necessary to decide which gender someone is for employment purposes. Practically it is more appropriate to treat Trans people as being of the gender they identify as.

Access to Training

All new staff have induction training within their local areas of work and also receive a more general introduction to the University. Heads of Departments or line managers are responsible for considering any additional induction needs, which may be necessary for new Trans employees

Supporting Trans People During Transition

A member of staff who has gender dysphoria and is transitioning will need certain levels of support from within the University, as we are keen to ensure they feel comfortable when transitioning. Please see Appendix C for more details on this process.

Pensions

A Trans person who receives a full gender recognition certificate will be treated according to their acquired gender for state pension purposes.

Trans people who do not obtain a full gender recognition certificate retain their state pension rights in accordance with the gender that is recorded on their birth certificate.

Occupational and Personal Pensions

The University will treat people as having their birth gender up to the point of transition, (i.e. when they start to live fully in the acquired gender), and their acquired gender from the point of transition. This would apply, for example, in calculating funds transfers between pension plans.

In some cases, however, it is considered administratively convenient, with the agreement of the Trans person, to treat them as having the acquired gender for the entire duration of the pension contribution history.

Survivor Benefits

Regardless of legal gender, married partners and civil partners have legal rights to certain degrees of provision. Any other provision for survivors is normally at the discretion of the trustees of the pension scheme.

Responsibilities

At the institutional level the Vice-Chancellor has overall responsibility for ensuring the University complies with the Sex Discrimination (Gender Reassignment) Regulations 1999 and the Gender Recognition Act 2004 and that all polices and practices do not discriminate on these grounds.

The Human Resources Committee and its Sub Committee for Equality and Diversity are responsible for the development and implementation of this Policy.

Heads of Department and Section at the University have a particular duty to ensure that none of the staff for whom they are responsible are subjected to disadvantage on the grounds of their Gender Identity.

University staff, visitors and contractors all have a responsibility and to ensure that individuals do not suffer unlawful discrimination.

Human Resources will provide information about equality policies for Trans people as well as strategies for preventing discrimination, including training, publications and events.

Employment Tribunals may hold individuals responsible for discrimination and harassment if this occurs in the workplace, or at a time and place associated with the workplace, for example, a work related social gathering. Individuals who harass may also be ordered to pay compensation.

Gender Equality Scheme

The Gender Equality Scheme, (GES), details the different issues and priorities for women and men and sets out ways in which the University will promote equality for women and men, whether staff, students or visitor. The GES was implemented in April 2007 and Trans people are include within this. The GES is a key tool, which adds to our equality and diversity policies and the considerable work, already underway, to eliminate discrimination between women and men and to promote the University as an organisation where equality and diversity is central at every level. The GES is helping the University to be more efficient, effective and responsive, ensuring that we maximise the talents of both women and men.

Confidentiality

The Gender Recognition Act states that it is a criminal offence to divulge a persons history.

The disclosure of a person as Trans person is an issue of confidentiality. The University's standard confidentiality protocol means that this information will only be discussed or disclosed, with the persons consent. Disciplinary action may be considered if this is not respected.

Complaints

Complaints about discrimination on the basis of gender identity against staff are taken very seriously at Loughborough University and could, on full investigation, provide grounds for disciplinary action that may lead to dismissal or expulsion from the University. Furthermore, individuals may render themselves liable to prosecution under the Protection from Harassment Act, (1997).

Staff are advised to raise complaints with their manager. Alternatively staff may contact the Equality and Diversity Adviser, their Personnel Adviser or the Confide Panel.

Dealing with Discrimination

Staff are strongly advised not to delay if they feel there is grounds for a complaint. Before things get out of hand there may be steps that can be taken to resolve matters, for example, by contacting a member of the Harassment Panel, (now called “Confide”), a trade union representative or HR Adviser . All complaints are dealt with in confidence and action will not normally be taken without consent. It should be noted that if it is deemed that the safety of an individual(s) is at risk of serious harm, confidentiality in these circumstances may be overridden by legal obligations to disclose.

For guidelines to the University’s grievance procedure for staff please see the Personnel Website: Grievance procedures and associate guidance. Please also see Harassment and Bullying Policy.

Monitoring

Complaints about Trans discrimination or transphobia relating to employment will be monitored on an annual basis and this will be reported to the Equality and Diversity Sub-Committee.

Appendices

There are appendices which should be read in conjunction with this policy which can be found at the links below:

Appendix A The Law and Trans People
Appendix B Definitions
Appendix C Support During Transitioning
Appendix D Contacts

Acknowledgements

This code of Practice has used a number of sources which are listed below. Thanks also to Hiten Shah Consulting for providing additional information and support in the drafting of this document and to Anna Boothe for her advice and guidance.

Employing Transsexual People in higher education Guidance - Equality Challenge Unit April 2004

Transsexual People in the Workplace, A Code of Practice Regarding Discrimination on Grounds of Transsexualism – Press For Change, December 1998

Transsexual, Transgender and Gender Reassignment Policy – Staffordshire Moorlands District Council - February 2007

Author: Human Resources (LM) December 2007