Trans civil servants may be forced to ‘out themselves’ under new guidelines
There are new toilet guidelines for trans civil servants (Getty Images, stock)
Trans civil servants could have to “out themselves” in order to find a suitable toilet at work, according to new guidelines.
Following the updated EHRC guidelines which were presented to parliament in May, transgender civil servants “may not use facilities of [their] affirmed gender which are designated as single-sex”. According to the guidelines, as seen by Metro, this is not affected by a person having a Gender Recognition Certificate as that “does not alter your sex”.
Trans civil servants must instead use mixed sex or unisex facilities, or use toilets that match their biological sex.
However, there are fears the guidelines may force some trans civil servants to “out themselves”, as the guidelines adds: “You will need to discuss the options and agree on the most suitable arrangement with your line manager.”
This is despite the fact their is “no legal requirement” for an employee to disclose that they are trans.
TransLucent CEO Steph Richards told Metro: “Trans staff may be put into a position to ‘out themselves’ to managers, directly violating their right to privacy under Article 8 of the ECHR.”
Deadnaming and misgendering
According to Metro, the guidelines also include sections on what would happen if someone deadnamed or misgendered a trans colleague.
While the guidelines accept it can “happen accidentally”, they add: “Deliberate deadnaming or misgendering to deny, mock or invalidate a person’s trans identity is unacceptable and should be investigated as potential misconduct.”
It also adds that “some employees do not believe in trans or gender identities”, which is “protected” under the Equalities Act if it is a “philosophical belief”.
What else is in the guidelines?
Elsewhere, the guidelines say trans employees can change their name and gender marker in the computer systems from the start of their transition.
They could also be given paid time off or special leave for transition-related medical appointments, when they would otherwise be fit to work.
There are also rules stressing that it is important to keep a co-worker’s trans identity and medical status confidential.
A spokesperson for the Cabinet Office told Metro: “Departments are expected to update their own HR policies and these are currently under review. This guidance supports them to do that and it would be inappropriate to comment while this is ongoing.”
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