Erin Bisson, a transgender woman, has won a landmark case to have Condor Ferries remove the words ‘ladies’ and ‘gents’ from its toilets. What legal issues do employers need to be aware of, and what can firms do to ensure transgender employees feel comfortable in the workplace?
Stuart Jones, national head of employment at Weightmans, says: ‘It is unlawful to discriminate against an employee by treating them less favourably than others because of gender reassignment.
‘Employers can create a welcoming workplace through simple steps such as seeking information sensitively and storing it confidentially, training key staff, and raising workforce awareness of equality law and policies.
‘Employers should provide focused individual support, discuss how transgender staff would like information to be communicated to colleagues, and how often they would like to meet with managers or HR.
‘Transgender employees should be permitted to use shared facilities (eg changing rooms) appropriate to their acquired gender and any objections from others must be dealt with promptly and firmly. A flexible approach to sickness absence related to the transition process is also an important supportive step.’
Nick Green, senior director of talent and capability at Asda, says: ‘From setting up listening groups to altering our bullying and harassment guidelines to include references to transgender people and developing a transgender policy, we’re keen to ensure that all our colleagues feel sufficiently supported.
‘We have developed toolkits to ensure best practice, maintained a zero tolerance approach to negative behaviour towards transgender colleagues, and incorporated various support mechanisms to help make life easier for transgender staff – including clear access to Asda’s LGBT network and external agencies, such as Stonewall, via the intranet.
‘Since Asda transformed its approach transgender colleague engagement has more than doubled in the space of 12 months. We were the first headline sponsor of UK transgender pride event Sparkle, and Asda is the only one of Britain’s big four supermarkets to be recognised as an LGBT-friendly employer in Stonewall’s Top 100 Employers list for 2016.’
What can employers do to ensure transgender employees feel comfortable in the workplace?
Erin Bisson, a transgender woman, has won a landmark case to have Condor Ferries remove the words ‘ladies’ and ‘gents’ from its toilets. What legal issues do employers need to be aware of, and what can firms do to ensure transgender employees feel comfortable in the workplace?
Jay Stewart, director of Gendered Intelligence, says: ‘Toilets are where gender expression gets policed.
‘As a trans guy I have found going into gendered toilets quite stressful. When I was a teenager I was regularly challenged in the girls’ toilets. When I was transitioning I didn’t go to a public toilet, I just held it in until I was somewhere safe. Now I use the ‘gents’ when there’s no other choice but there might not be a decent lock or even a door. So the stress hasn’t gone away.
‘There are others like me and the number of people identifying as neither male or female (non-binary) is growing.
‘Part of the work we do at Gendered Intelligence is to support organisations to think about the inclusion of trans people. Toilets will always be just part of the conversation but gender-neutral toilets solve a lot of problems. Many organisations are making great headway in ensuring there are gender-neutral toilets in their buildings.’
Fox Fisher, an artist, film-maker and LGBT rights campaigner, says: ‘Cases like this will encourage other businesses to step up their game. However, it’s my hope that firms are making changes because they care about their trans employees.
‘Condor was quick to say this was both non-intentional and non-malicious, despite its diversity training programme. While change is most certainly happening, this case is another reason we need the same diversity training in all workplaces.
‘It’s like the wild west, with some businesses “on board” and eager to improve, while others are ticking the “diversity training box” – which may still not include the T in LGBT.
‘The Stonewall Top 100 Employers is now taking the T into consideration, and those who value being ranked as leaders will be keen to comply.
‘There will be a trickle-down effect with other businesses. However, this is not enough.’
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