Gendered Intelligence: Understanding diversity in creative ways

Work life

You may choose to start a new job in your self-identified gender or to transition at a current workplace. The Equality Act 2010 protects anyone who intends to undergo, is undergoing and has in the past undergone gender reassignment. There is no requirement for you to have undergone any hormones or surgery for you to be treated in your self-identified gender.

Good practice at your workplace would mean to:

Your employer has a legal obligation not to share a disclosure of trans status or different legal name with other colleagues if you do not wish them to.

Time off

Your employer has an obligation to give you sick leave (which will be paid as per the normal sick pay procedure at your workplace) for any surgery you may be undergoing or medical appointments. You may be required to produce a doctor’s note to verify you are having surgery. Your employer cannot refuse you time off for trans related surgeries.

Applying for jobs

You may be applying for a job for the first time using a new name or pronoun, or worrying about upcoming surgery and time off. There are a few points to remember that are important:

Reading about Employment Rights

Equality Act 2010 Guidance for employers, Vol. 1 of 7: What equality law means for you as an employer: when you recruit someone to work for you EHRC (Equality and Human Rights Commission), July 2011

There is some guidance on recruiting and supporting trans peoplefrom EHRC (Equality and Human Rights Commission). There are a range of pages on the EHRC website. They haven’t yet been updated since the 2010 Equalities Act, but may still be useful.

Changing For The Better - How to include trans people in your workplace: A guide for employers Stonewall Scotland, 2012

Employers Guide to Intersex Inclusion
Organisation Intersex International (OII) Australia 2014. Whilst this is an Australian publication and therefore references Australian law, the vast majority of information and the principles of inclusion are entirely transferable.

Monitoring trans people in work and services

Collecting information on gender identity (2nd edition) EHRC (Equality and Human Rights Commission), May 2012

Monitoring - A Practical GuideScottish Transgender Alliance, April 2013

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