Transitioning at Work Policy

Table of contents

Read alongside

Anti-Bullying & Harassment Policy

Equality, Diversity and Inclusion Policy

1.0 Statement

1.1 Clinical Partners is proud to support all colleagues in being their authentic selves at work. This document has been drafted specifically to cater to the needs of colleagues who choose to transition or change their gender expression and explains the support available to them. We all have a duty to make this a safe and welcoming workplace for our colleagues.

1.2 Clinical Partners does not tolerate bullying or harassment, as set out in our Anti-Bullying & Harassment Policy and our Equality, Diversity and Inclusion Policy. If you feel that you have been subjected to such treatment please report this immediately (via a trusted colleague if you prefer) to your line manager or HR Lead. All reports will be treated in the strictest confidence.

2.0 Scope of the Policy

2.1 The policy applies to all members of the Clinical Partners community, including employees, agency workers, applicants and contractors.

3.0 Language 

3.1 The terms trans and non-binary are used throughout this document for simplicity. However, many gender identities beyond man and woman exist. This document is intended to cover all gender expressions and gender identities and not only those which are explicitly listed. Please refer to the glossary (Appendix 2) for clarification of how terms are used in this document by trans and non-binary people. Terms defined in the glossary are in bold when first used.

4.0 Introduction and purpose 

4.1 Clinical Partners values the important contributions of trans and non-binary employees. We want to ensure that employees who transition or change how they express their gender identity are properly supported at work. Transitioning or changing gender expression can be a complex process and no two journeys are the same. Not everyone chooses to pursue medical transition, but we are here to support you however we can.

4.2 This document is written to help you identify your next steps and to reassure you of the support that you will receive should you wish to transition or change your gender expression at Clinical Partners.

5.0 Who do I contact to discuss transition/change to gender expression?

5.1 Clinical Partners is extremely flexible regarding who you wish to approach to raise your wish to transition/change your gender expression. A list of suggested contacts could be:

• HR lead  - Chief People Officer

• Individual with responsibility for Diversity & inclusion – Learning & OD manager

• Your line manager 

• A trusted friend (to speak with HR on your behalf)

What will happen next?

5.2 Clinical Partners is with you all the way and we will do all we can to support you in ensuring the process of transitioning or changing your gender expression at work runs smoothly. Please be assured that all conversations will be confidential. We will not speak to any other party without your express permission.

5.3 The Team supporting you can consist of anyone you wish and may be the same people as the ‘who to inform’ suggested list.

6.0 Purpose/background

6.1 You are at the centre of this process. Please be assured that:

• if you would like to change your title, name, gender marker or pronouns, we will use them during these meetings, if you wish them to (i.e. before they are communicated to the wider organisation)

• no one will speak to any third party without your consent

• we will have an ‘open door policy’ and will try and meet as regularly as is agreed to be appropriate.

6.2 The Plan that is drawn up is not fixed and can be altered at any time to ensure you are comfortable with the steps to be taken and the pace of change.

Agenda

6.3 The creation of your Plan, which will clearly list what needs to be done, when and by whom. Appendix 1 contains a template which can be used for this purpose.  Once created, you and we will review the Plan, which generally considers things like:

• what support you would like and when

• the anticipated point in time that any personal details will need to be changed (if required), e.g. IT systems

• third parties that may need to be informed, e.g. pension providers

• whether you wish to work in another role temporarily (we would never insist on this)

• time off for medical appointments, treatments and surgical procedures and the handling of such absences (if required)

• whether any trans and non-binary awareness training is required for other members of staff

• which toilet and changing facilities you would like to use.

• Review of the communication plan (if required - see checklist in Appendix 1).

Time off

6.4 Not all transitions or changes to gender expression entail medical support, but for those that do the Team will look at a variety of agile arrangements to support you. It is anticipated that working arrangements will be tailored to suit your circumstances, though existing policies and frameworks may need to be used to give effect to these. Some of the arrangements that may be considered include:

• flexible working

• working from home

• special leave

• sick leave

Absence

6.5 Most surgical procedures will require paid absence from work under the sickness absence policy.  Time off for transition-related surgery will be considered as authorised absence.

6.6 The amount of paid leave will vary as each individual's transition journey will be different. We will adopt a positive, pragmatic approach.  We want you to feel confident and supported throughout your transition journey. 

6.7 We will review the amount of time off if it exceeds what was expected at the beginning of the transition journey and we will discuss with you how to manage any additional time needed.  Policies we might consider are annual leave, flexible working and sickness absence.  We will be flexible to meet requests for leave or changes in working patterns where we can, always remaining focused on supporting you.

Dress code

6.8 Clinical Partners does not have a gender-specific dress code. All employees are expected to dress in appropriate business attire but should feel encouraged to wear the clothes that make them feel most comfortable.

Toilets and changing facilities

6.9 We will discuss with you which toilet and changing facilities make you feel most comfortable, and you would like to use. We will communicate with other employees, so they understand our approach.

Wider communication

6.10 We will discuss with you your preferences for notifying colleagues, clients and other work contacts, including when and how they will be told about your transition and change to gender expression and what they need to know.

Recruitment

6.11 There is no requirement for you to disclose your status as a condition of employment. If a disclosure is made as part of the recruitment process, this must and will be kept confidential by all those involved.

You may have to disclose your previous identity when asking for references from past employers.  Such information will be kept confidential.

6.12 If you decide to leave us and we receive a reference request for you, this will be provided in the name that will be used in the new job.  Any former name will not be disclosed.

6.13 As part of the recruitment process, a disclosure and barring service (DBS) or basic disclosure check may be required. For this check, you must disclose any previous names and gender. To maintain confidentiality, the DBS has a special application procedure. 

6.14 Gender confidentiality will be maintained where there are no criminal convictions and where there is no other information held by any police authority.

6.15 If you do have any convictions under their previous gender that are relevant to the post, then the gender change would be evident.  The DBS disclosure certificate would show both gender names.

6.16 If you are registered with a professional body, you should contact them to see if there are any specific requirements regarding the change of details. If previous registration details need to be held, these will be kept confidentially on your personal file.

7.0 Records

7.1 Your records will be changed when the appropriate documentation has been provided. Names and titles can be changed by deed poll or statutory declaration. You may also wish to apply to the gender recognition panel to obtain a gender recognition certificate (GRC).

7.2 When records are changed to the correct gender, your personal file will be updated and held securely.  We will ensure that all documents, public references and employment details reflect your correct gender.

7.3 Copies of existing documents (such as birth certificates) will be replaced with the equivalent documents in the correct gender.  Sometimes documents that relate to your gender at birth, such as for pension purposes, are retained. Upon receipt of a GRC, the new details will be used.  Access to records will be restricted.

8.0 Genuine occupational requirement

8.1 Some posts may have an occupational requirement to be filled by a person of a particular sex.  If this is the case for you when you are transitioning at work, we will redeploy into a suitable position.

9.0 Data protection legislation and Human Rights Act (1998)

9.1 Gender reassignment and any information on your gender history constitutes 'sensitive data'.  Sensitive data can only be processed for certain specified reasons.  For further information on how we process data, see our privacy notice.

Appendix 1 - Transition and change to gender expression plan

Note: Not every step in this plan will be necessary and this list is not exhaustive.

Communication Plan

The Team and the staff member should make a list of people who should be informed of any changes. The specific nature and content of the communications should be agreed, including who should be included, timings, how the information will be shared and who should tell the identified contacts. A sample list is set out below.

Appendix 2 - Glossary of terms used in the template

The wording below explains how terms in the template are used by trans and non-binary people. However, it is important to remember that trans and non-binary people are not a monolith and individuals may use these terms in slightly different ways.

Gender An umbrella term used to mean the state of being a man, woman, non-binary, etc. This can be used to refer to a person’s gender identity, their gender expression or their legal gender.

Gender expression This is significantly influenced by culturally accepted behaviours and presentations associated with the sex assigned at birth, for instance:

• appearance

• dress

• hair styles

However, those whose identities do not conform with their assigned sex may express themselves in ways which reflect their own gender identity in contradiction to societal norms.

Gender identity An individual’s innate sense of their own psychosocial place in society. It’s usual for children and adults to identify socially as boys/men or girls/women. However, this is by no means universal. Identities are very diverse and not always binary, and identities do not always conform to expectations associated with sex appearance at birth.

Gender marker Refers to a record of a person’s gender, usually in relation to legal documents. In England and Wales, official documents such as passports, driving licences and birth certificates can only record a person’s gender as ‘male’ or ‘female’, but internal systems should provide individuals with a greater range of options.

Medical transition The process of pursuing medical treatment in order to change body characteristics to align them with an individual’s gender identity. These treatments may include puberty blockers, hormones and/or surgery.

Non-binary An umbrella term that relates to gender identities other than ‘man’ or ‘woman’. Non-binary people may have a specific label for their gender identity, such as ‘genderfluid’, or may not identify with the concept of gender at all. Some people may prefer that their name be used in place of pronouns (e.g. “Sam is going to get Sam’s coat”).

Trans/transgender People whose gender identity is not congruent with the sex/gender they were assigned at birth.

Transition An umbrella term which relates to any steps taken to align a person’s appearance or personal data records with their gender identity. This may include names, pronouns, dress, hairstyle. Transition may include medical interventions, as well as legal processes, particularly reflecting new documentation, names, titles and pronouns.

Appendix 3 – Glossary of wider terms

This glossary defines key terms that readers may come across as they learn more about trans and gender-diverse people. They explain how terms are used by trans and non-binary people.

It’s important to remember that trans and gender-diverse people are not a monolith, and individuals may use these terms in slightly different ways.

Affirmed gender Refers to a person’s gender status following social transition to align the gender identity of the person with factors such as: • dress • presentation • name • pronouns

Ally A person who openly supports members of the lesbian, gay, bisexual, transgender questioning/queer, intersex (LGBTQI) or sometimes LGBTQ+ community. Typically heterosexual and/or cisgender.

Assigned gender/assigned sex The sex assigned to a child at birth and recorded on a child’s birth certificate. Usually based uniquely on a stereotypical analysis of male or female genital appearance. An assumption is made that the gender will match the sex assigned at birth, so much so that the assigned sex becomes the legal gender of the individual. Assigned male at birth (AMAB)/assigned female at birth (AFAB) Refers to the sex and legal gender assigned at birth and recorded on a child’s birth certificate.

Binding Used by some (but not all) trans people to compress their chests and create a more conventionally masculine or androgynous shape.

Biological sex Refers to biological differences that have been stereotypically grouped into male and female categories. Some of these differences can be found within a person’s gonadal, morphologic (internal and external), chromosomal, and hormonal characteristics. There’s no one indicator of ‘biological sex’, which is determined using a combination of these factors.

Birth name/deadname The name given to a child at birth, which may be different from the name adopted as part of a person’s transition to ensure that their name aligns with their gender identity. ‘Deadname’ may also refer to the birth name (with ‘deadnaming’ a person being referring to them using their birth name, often in the presence of people unaware of the previous name). Trans people often consider their birth name to be private and not something to be disclosed by those aware of it. Inappropriate use or disclosure of a birth name by others can cause discomfort and distress to trans people.

Blockers/puberty blockers A medication that temporarily stops the production of the natural hormones which progress puberty. This intervention is physically reversible. If a young person stops taking the blocker their body will continue to develop in line with a puberty typically aligned with their sex assigned at birth.

Cis/cisgender People whose gender identity matches the sex and legal gender they were assigned at birth. Cisnormativity Societal assumptions based on the notion that being cisgender is the default or ‘norm’, for example, that all men have penises.

Gender An umbrella term used to mean the state of being a man, woman, non-binary, etc. This can be used to refer to a person’s gender identity, their gender expression or their legal gender.

Gender dysphoria This medical term refers to the distress that some (but not all) trans people experience as a result of the mismatch between their gender identity and their assigned sex. Gender dysphoria often relates to body characteristics but can also be social (that is, through other people incorrectly assuming a person’s gender based on their body or gender expression).

Gender euphoria The sense of validation and recognition that many trans and non-binary people experience when they are affirmed in their gender. This may be through others’ use of correct pronouns, or derived internally from changes to external appearance. Gender expression This is significantly influenced by culturally accepted behaviours and presentations associated with the sex assigned at birth, for instance appearance, dress, hair styles. However, those whose identities do not conform with their assigned sex may express themselves in ways which reflect their own gender identity in contradiction to societal norms.

Gender identity An individual’s innate sense of their own psychosocial place in society. It’s usual for children and adults to identify socially as boys/men or girls/women. However, this is by no means universal. Identities are very diverse and not always binary, and identities do not always conform to expectations associated with sex appearance at birth.

Gender incongruence Replaces the old terminology ‘transsexualism’. This refers uniquely to the lack of alignment between the sex appearance at birth and the anticipated gender identity.

Gender marker Refers to a record of a person’s gender, usually in relation to legal documents. In England and Wales, official documents such as passports, driving licences and birth certificates can only record a person’s gender as ‘male’ or ‘female’, but internal systems should provide individuals with a greater range of options.

Gender reassignment A protected characteristic under section 7 of the Equality Act 2010. This covers anyone “proposing to undergo… undergoing or [who] has undergone a process (or part of a process) for the purpose of reassigning the person's sex by changing physiological or other attributes of sex”. It’s not clear to what extent an individual has to change their appearance in order to benefit from this protection. The term ‘gender reassignment’ is no longer widely used by trans and non-binary people outside of this context.

Heteronormativity Societal assumptions based on the notion that being heterosexual is the default or ‘norm’.

LGBTQ+ The acronym for lesbian, gay, bisexual, transgender, and queer. The ‘plus’ symbol represents other sexualities and gender identities not already covered by the letters in the acronym.

Medical transition The process of pursuing medical treatment in order to change body characteristics to align them with an individual’s gender identity. These treatments may include puberty blockers, hormones and/or surgery. There are age restrictions in relation to each option. For example, a person must be ‘around 16’ to access hormone therapy. There are also restrictions whereby puberty blockers may not be given before a certain stage of pubertal development. Not all trans people will seek medical support for their transition. See also ‘Transition’ and ‘Social transition’.

Misgender To use a pronoun or other language that is different to a person’s way of describing themselves in relation to their gender identity. This is understood to mean that a person’s identity has not been recognised, whether accidentally or deliberately. MTF/FTM Stand for ‘male-to-female’ and ‘female-to-male’ respectively, to indicate people assigned male at birth who identify as women, and vice versa. Some trans people find these helpful to indicate the ‘direction’ of their transition, but others dislike them for implying that they were formerly a gender that they have never identified with. Non-binary people in particular may find these terms limiting or excluding on the basis that they imply trans people are always either male or female.

Non-binary An umbrella term that relates to gender identities other than ‘man’ or ‘woman’. Non-binary people may have a specific label for their gender identity, such as ‘genderfluid’, or may not identify with the concept of gender at all. Some people may prefer that their name be used in place of pronouns (e.g. “Sam is going to get Sam’s coat”).

Out/coming out Being open about one’s LGBTQ+ identity.

Outing Revealing someone’s sexual orientation or gender identity, usually without their consent.

QTIPOC Acronym for queer, transgender, intersex, person of colour, a specific identity that describes LGBTQI+ people who have heritages from Africa, Asia and Indigenous people of the Americas and Australia. Additional oppressions (based on race, gender, sexuality and others) are faced by people with these intersecting identities, who may be more vulnerable to rejection by their own communities.

Queer An umbrella term which can be applied to anyone who considers themselves non-cis or non-straight. Previously a slur, it has been reclaimed by LGBT+ communities since the 1980s. This term should not be applied to people without their consent.

Social transition This can include changes to names, pronouns, dress, hairstyle. Social transition may be supported by changes to legal documents and other personal data records (for example, names, titles and pronouns). Some people with gender identities under the non-binary umbrella may wish to express their gender in different ways at different times. For example, a genderfluid person may wish to dress in ‘stereotypically female’ clothing some of the time and ‘stereotypically male’ (or some combination of these) at other times. See also ‘Medical transition’ and ‘Transition’.

Trans/transgender People whose gender identity is not congruent with the sex/gender they were assigned at birth.

Transition An umbrella term which relates to any steps taken to align a person’s appearance or personal data records with their gender identity. This may include names, pronouns, dress, hairstyle. Transition may include medical interventions, as well as legal processes, particularly reflecting new documentation, names, titles and pronouns. See also ‘Medical transition’ and ‘Social transition’.

The irrational fear or dislike of a person on the basis that they are trans (or are believed to be trans). This includes the denial of or refusal to accept a trans person’s gender identity