Transitioning at work
Gender transitioning is a unique and personal experience. It is important that the employer and employee meet and discuss what steps, if any, the employer should take. The employee may wish to bring a union delegate or other person along for support.
Employees should discuss with their employer what steps they are intending to take within the workplace and what this means for other staff and possibly clients. It is good practice to develop these steps into a written action plan, so that the employer and employee are able to agree in advance on how to manage any employment issues around the employee’s transition. It might include identifying what information is relevant (and that personal medical details do not fall into that category), who needs to be told and how and when they will be informed. It can be useful to discuss a possible timeline including any dates when the employee would like to be:
- known by their new name;
- referred to by new pronouns;
- able to adopt a workplace dress code matching their gender identity;
- able to use facilities such as restrooms and changing rooms matching their gender identity; and
- able to take time off work for medical treatment relating to their transition, if necessary.
It is important that the employer sets a good example to other employees and is supportive and reassuring during the employee’s transition. This will help the employee to carry on with their job as usual.
Name and Records
The employer should ask what name and pronoun the employee wishes to use. If the employee wishes to formally change these details in the workplace, the employer should have clear procedures for such details to be changed on all workplace records (e.g. identification cards, email, phone lists, payroll), including any past records.
Dress Code
The employee should be able to adopt the style of dress that matches their full- time gender presentation and gender identity, and this should be similar to people of the same gender performing the same work. The employer should avoid having a dress code that is based on gender stereotypes and should enforce any dress code consistently.
Use of the Facilities
The use of facilities that match their gender identity is particularly important for trans people. It is part of the ‘Real Life Experience’ that is taken into account when health professionals assess whether someone is ready to medically transition. An employee should be able to use facilities that match their gender identity, for example: trans women should be able to use a women’s toilet, and trans men should be able to use a men’s toilet. While a unisex toilet is a positive way to ensure facilities are inclusive (and may be more comfortable for a trans person early in their transition), a trans employee should not be excluded from using the appropriate single sex toilet.
If a trans employee prefers to use a single sex toilet, an employer may wish to include this in the agreed action plan, including a process for informing other staff. It may help to affirm that all staff, including trans employees, have the right to expect privacy and safety when using these facilities.
Medical
Not all trans people will transition medically, or through surgery. The immediate medical needs of an employee who is intending to transition are most likely to be for counselling appointments or to see a medical specialist. Any leave should be treated by the employer the same as any other medically necessary appointments for any other employees. There may be special provisions in an employment agreement that clarify sickness or medical leave, or access to an Employee Assistance Programme. By law, after six months with an employer, an employee is entitled to five days' paid sick leave during the next 12 months of employment and each subsequent 12 month period.
Providing a Reference
If an employer has been asked to give a reference for a trans employee, they should refer to them by their new name and pronoun. Unless the employee allows the employer to do so, the employer must not disclose the employee’s previous name or that they are trans. If a question that relates to any previous names of the employee is asked, the employer should verify that such information is required for all other applicants and will be used for a legitimate purpose. If the employer is satisfied that such information is sought for a legitimate purpose, it is good practice for the employer to only confirm the old name if asked directly, and not to disclose it voluntarily.
