February 2013

1.
2.
3.
4.
5.
6.
Introduction
Protection in employment
The Council’s Policies
Coming out and being out at work
7.
8.
Transphobia, bullying and harassment
A welcoming workplace
Employee support and networking
Making reasonable adjustments at work
9. Families and rights
10. Recruitment and new employees
11. Becoming an ally of Trans employees
12. Training on Trans awareness
13. What we’re doing to promote gender reassignment equality
14. Trans History Timeline
15. Glossary of terms
16. Need more advice?
This document has been produced to provide advice to managers on ensuring that Trans employees are treated fairly at work, able to live in their chosen gender identity and be themselves without fear of harassment or bullying.
Derbyshire County Council is working to improve equality in relation to gender reassignment, eradicate discrimination and harassment towards Trans people, and improve our knowledge and understanding of the issues affecting Trans people in relation to employment and the services we deliver.
2

Gender reassignment is one of the 9 personal attributes called protected characteristics in the Equality Act 2010 and recognised as being specifically protected by law. It is defined in the Act as people who are proposing to undergo, are undergoing or have undergone a process (or part of a process) to reassign their sex by changing physiological or other attributes of sex. It includes Transsexual people.
Under the Act gender reassignment is a personal process (that is moving away from one’s birth gender to the preferred gender) rather than a medical process. The reassignment may be proposed but never gone through or completed, the person may be in the process of reassigning, or they may have already completed the process. It may include undergoing medical treatments, but it does not require someone to undergo medical treatment in order to be protected. This broad non-medical description may be particularly important for children and young people, as it may be viewed as too early for some young people to make such a decision. Manifestations of the personal process, such as mode of dress, indicate that a process is in place and they will be protected by the Act. If people start the process and then stop, they continue to be protected under the Act.
Today, despite the law, there remains hostility towards people who are Trans ( an umbrella term) or undergo gender reassignment, and this can often be reproduced as barriers in the workplace, which in some cases takes the form of direct or indirect discrimination, harassment or bullying, or victimisation.
This guidance has been produced to help managers in understanding some of these experiences and potential barriers in the workplace. It provides helpful suggestions or tips on supporting Trans employees and creating an inclusive working environment. Many of the tips can equally be applied to when serving
Trans customers, or when consulting with Trans residents or groups.
Who needs to read the guidance?
Anyone who is employed by Derbyshire County Council in a supervisory role over other employees may at some point work with Trans employees. So, if you are a supervisor, team leader, or more senior manager, we would recommend that you take the time to read and familiarise yourself with this guidance. It has been produced with input from existing Trans employees and organisations locally and nationally which support Trans people.
3

What about sexual orientation and lesbian, gay and bisexual people
Similar guidance has also been produced to help managers understand the issues faced by LGB employees. This is available on the Council’s website at:
Trans employees (see above) have the same employment rights and responsibilities as people for whom gender reassignment is not an issue. This means they enjoy protection from discrimination based on gender reassignment in the workplace. The same legislation also extends to when
Trans people use local services or purchase goods or services.
The right to be treated fairly begins from the point a prospective employee reads an advert for a job with the Council, or accesses our Jobs website, throughout the whole of the recruitment and selection procedures and processes and all the way through their time as an employee with the Council.
It can also extend to people who cease working for the Council in relation to things such as references, benefits and redundancy etc. This includes access to training and development, the way in which employment procedures are carried out, benefits such as flexible working, pensions, employment related activities, their day to day contact with colleagues and members of the public, and to the specific right to reasonable adjustments in employment if they
‘transition’ by undergoing gender reassignment whilst at work (for example by being allowed reasonable time off for and following medical treatment).
Specifically these rights include not being directly or indirectly discriminated against or being harassed or victimised. It also includes the right not to be directly discriminated against or harassed because you are associated with someone who is Trans or perceived to be Trans. Often discrimination can be based on prejudice arising out of negative stereotypes of Trans people, or by harassing them because of their appearance.
Good practice tip :
Find out more about the issues and discrimination faced by Trans people by reading information on websites for organisations such as GIRES, Press for
Change, the Beaumont Trust and Derbyshire Friend (see final section of this guidance for websites)
Read information produced on gender reassignment by the Equality and
Human Rights Commission at: http://www.equalityhumanrights.com/aboutus/vision-and-mission/our-business-plan/transgender-equality/
4

The Council’s Policy for Equality and Diversity specifically includes gender reassignment as one of the grounds or protected characteristics to which the
Policy applies. By failing to comply with this Policy, employees are likely to be guilty of breaching the Equality Act 2010, if they treat Trans colleagues less favourably, or harass or victimise a Trans colleague/ employee. The Policy further outlines the kinds of treatment that employees and customers should expect to receive. The Policy covers the things you do, whether you are an employee or a manager – not just the things done by the organisation.
The Policy for Equality and Diversity is supported by a number of other policies and procedures including:

Employee Code of Conduct

Harassment and Bullying Procedures

Grievance Procedures

Disciplinary Procedures

Recruitment and Selection Policy and Procedures

Pay Policy

Leave and Flexible Working Procedures

Capability Procedures

Myplan – Individual performance management and personal development

Redundancy and Redeployment Procedures

Ill-Health Retirement Procedures

Pensions Policies
 The Council’s Customer First Charter
Please refer to these policies and procedures for advice on how to deliver the
Equality and Diversity Policy when employing and managing employees. They may be found on the Council’s website at: http://www.derbyshire.gov.uk/working_for_us/employment_policies/default.asp
‘Coming Out’ is the term used to describe the process through which an individual discloses that they intend to undergo gender reassignment by commence living and working in their preferred gender (often by attending work dressed in clothes of the gender opposite to their birth gender).
It is a huge step and one which many Trans people will agonise over for months if not years. When people have feelings that their gender identity is
5

different to their birth gender, it is known as gender dysphoria. Some people never ‘Come out’ because of the fear of rejection and harassment, and the discrimination they will face. Accordingly, it is very difficult to obtain accurate estimates of the numbers of people who regard themselves as Trans. Unlike
‘Coming Out’ as lesbian, gay or bisexual, because gender reassignment often involves dressing as the opposite gender and living in that gender identity, once commenced, it becomes very difficult to go backwards, or to prevent family, friends and colleagues from finding out. To quote Professor Kevin
Wylie an expert in relation to gender reassignment medicine ‘ Trans people leave too many steps in the social snow to be able to go back inside the closet’.
For existing employees, this also means that colleagues have to adjust to the person’s change of gender identity, and so the ‘Coming Out’ process, known as transitioning or reassignment, can take quite some time and need very careful planning, with lots of support from managers and HR professionals, to help all those affected by the changes.
Can the Council ask for a Gender Recognition Certificate before it has to recognise the employee in their new gender identity?
The quick answer is NO . Under the Equality Act 2010 there is no requirement for Trans employees or service users to provide employers or service providers with any medical or other certificates. A Gender Recognition
Certificate is a separate process and is required so that a Trans person can have their original birth records altered to record their new gender identity. It is a very complex process involving medical professionals and a special panel.
The Council must treat a Trans employee as being their chosen gender identity as soon as they let the employer know about their intentions, and make reasonably adjustments at work to support the employee and they undergo the process of reassignment, whether or not that includes surgery or other medical treatment.
Support, advice and managing the use of facilities at work
Quite often, colleagues of an employee who has ‘come out’ as Trans will have a number of worries and concerns. One of the commonest concerns is over the use of gendered toilets and changing facilities, but colleagues will also have lots of other questions and concerns.
6

Let’s deal with the question of toilets and changing facilities
As soon as a manager is informed that one of their employees intends to commence attending work in their preferred gender, the manager must begin making arrangements to ensure that the employee is supported, and that colleagues and others who have contact with the employee will receive advice and support to readjust. We have produced this guidance in recognition that this may be something which managers are unfamiliar, and require support to manage. Managers should also seek the support of their department HR
Service Partner, and are free to seek advice from the Council’s Senior Policy
Officer for Equalities.
One of the earliest issues which need to be resolved will be over which toilets or changing facilities are used when the employee begins attending work in their preferred gender. Managers will need to ask the Trans employee about their preferences and wherever possible facilitate them using the toilet of their preferred gender. This could involve advising other employees, especially immediate colleagues in advance when this will begin, responding to the concerns they have by reference to the Council’s Equality and Diversity Policy and this guidance. Managers are advised against requiring Trans employees from having to use Disabled or accessible toilets and changing facilities, unless they would prefer to do this. In previous cases of employees beginning to work in their preferred gender, a two-step approach has been taken, to give people time to adjust. How this is managed may depend on the working location and the facilities which are available. Wherever individual toilets or changing facilities are provided, thus guaranteeing privacy to all, this will usually mean there are fewer concerns and adjustments to make. All this should be done in a way which protects the dignity of the employee and which meets with the principles of the Council’s Equality and Diversity Policy.
How to manage the changes within the team
On a day to day basis managers will need to ensure that the changes within a team are managed sensitively and effectively. Immediate colleagues should receive a consistent message about the changes and if necessary, specific steps may need to be taken to manage contact with the public, to ensure that the Trans employee feels supported, and colleagues are helped to understand the situation and continue to treat their colleagues with respect and dignity.
Wherever possible, managers should attempt to support all team members to adjust to the changes and help employees to understand the situation.
7

In previous cases, managers have held a team meeting to give a briefing to all members of the team, explaining what will happen, explain about gender reassignment and to respond to any questions. In some cases, the Trans employee has played a role in the team briefing and answered questions about the situation. This will depend on whether or not the Trans employee wants to do this or not. They should not be pressured into taking responsibility for notifying team colleagues.
The Trans employee will need to be addresses by the new name and the pronoun for their preferred gender. So, a man transitioning to live as a women will need to be addresses as Miss, Ms or Mrs. A women transitioning to live as a man will need to be addressed as Mr. He and she will also need to be used correctly to reflect the preferred gender. Any colleagues failing to do this will need to be reminded about the Council’s policies and asked to address their colleague in their preferred gender. If any colleagues refuse to do this, or repeatedly fail to do this despite being reminded, the manager should advise them that they will be viewed as discriminating against their colleague and could face disciplinary action for failing to work within the requirements of the
Council’s Equality and Diversity Policy.
Managing the changes more widely
As many of the buildings and sites we occupy have multiple users and different services, the advice above may need to be replicated with colleagues in other parts of the Department or further afield across the Council. If necessary the employee’s manager may need to communicate with another manager or managers so that any other colleagues understand and are aware of the changes, and how they will be expected to behave towards the employee.
In most cases the change of gender identity will not affect an individual’s duties and responsibilities, but in cases where the Trans employee works with individual customers or groups of customers, it may be necessary to also plan the ‘coming out’ with customers. For example, an obvious area will be over telephone calls if the Trans employee’s voice sounds particularly masculine of feminine, with the result that customers and other colleagues are confused when they speak to the Trans employee over the phone. If the employee has face to face contact with individual customers or groups of customers, it will also be important that existing customers are advised in advance where possible about the changes that will take place, to let them know about the employee’s new gender identity and to request that they treat them as that gender etc. This may not be possible where the employee has contact with
8

‘new’ customers, and care will need to be taken to help ensure that these customers treat the employee in their preferred gender, addressing them as such, and treating them with dignity and respect. In all likelihood, the employee will need to play a key part in explaining things to customers and by asking customers to treat them as living in their preferred gender.
A note of caution – protecting privacy and taking things gradually
Throughout communications with colleagues and customers it is important to include the Trans employee’s views and wherever possible respect these in the way in which communications take place. The employee is entitled to have their privacy respected and managers may need to intercede where colleagues and customers make enquiries or statements which could be deemed to be intrusive and unwanted.
Similarly, as the employee’s manager, you may wish to advise them about strategies in relation to their ‘coming out’. Some employees may be enthusiastic to ‘come out’ quickly having made the decision, and it might take a few weeks to meet with the team to start preparing the ground, organise other aspects of the support, and colleagues may need to be afforded a little time to come to terms with the changes their colleagues will bring to the workplace.
Good practice tips
Show your commitment to gender reassignment equality through your behaviour and the language you use when addressing Trans employees.
Ensure that employees in the team understand that to ‘Out’ or discuss the gender identity status of their colleague without their consent and in a way which is ‘unsympathetic’ could be considered as harassment.
Transphobia is defined as hatred or fear of Trans people – sometimes leading to acts of violence and expressions of hostility. It is not confined to any one segment of society, and can be found in people from all walks of life. In a work environment it can lead to instances of harassment and bullying by non-Trans colleagues, managers and service users.
9

Bullying is the use of force or coercion to abuse or intimidate others. The behaviour can be habitual and involve an imbalance of social or physical power. It can include verbal harassment or threats, physical assault or coercion and may be directed repeatedly towards particular victims, because they have identified as Trans or perceived to be Trans.
Harassment is defined as any unwanted conduct which creates an intimidating, degrading, hostile or offensive environment, and includes such things as the language used, jokes and attitudes, office culture and assumptions around ability.
As a manager it is important that you:

Challenge transphobic language, jokes, behaviour, assumptions and culture within your service and department regardless of whether this is from employees, Elected Members, manager and service users

Take the time to read and learn more about gender reassignment and the needs of Trans employees and the Trans community locally

Plan how you will support your Trans employee(s) and deal with the concerns your team or service will have
In some situations, some Trans harassment may constitute a hate crime under criminal law. The Council is committed to tackling and removing hate crime and works closely with the Police, Stop Hate UK and others to stamp out hate crime and to bring the perpetrators to justice.
This section provides examples of behaviours which can help make a workplace feel inclusive, and the behaviours which could make Trans people feel excluded, and likely to be unhappy at work.
10

11

Inclusive behaviours Exclusive behaviours
The Council’s publications, adverts and events
Use images which include diverse groups of people which Use gendered images which clearly do not include Trans does not exclude all genders or which include references to diversity or to the Trans community
Celebrating/ marking a cross section of events that include people or depict services and events in a way which discourages Trans people from taking part
Celebrating events which exclude Trans people and the views of people who are Transphobic Trans and LGBT events, including LGBT History Month,
Trans Day of Remembrance and local Sparkle Events ( the
Trans equivalent of Gay Pride), anti-bullying week, links to
Trans groups and organisations
Treatment at work
Treat the professional contribution of all employees with the Behaviour which doesn’t value or which devalues the same consideration and respect professional contribution of Trans employees such as not taking their suggestions seriously, cutting off Trans people
Balance the different and sometimes completing demands of your workforce to ensure they all feel treated fairly and supported in meetings or excluding them, excluding them from new projects and pieces of work.
Assumptions that Trans employees don’t have commitments or life outside work and can cover shifts, school holidays, fill in for others or come into work at a moment’s notice
Challenge stereotypical attitudes about Trans people, and the failure by staff to refer to the Trans employee in their preferred gender/ pronouns
Manage learning and development and continuous development opportunities taking account of the business needs of your staff and the Council
Assumptions about the types of jobs and roles Trans people will have and don’t have – or the tasks they can carry out in their preferred gender
Don’t let gender reassignment influence decisions about training unless it supports any agreed changes to job roles or reasonable adjustments
Don’t assume that Trans employees are less ambitious and want to develop

Inclusive behaviours
Be aware of the requirement to make reasonable adjustments for employees and job applicants undergoing gender reassignment/ coming out at work as Trans – this was introduced by the Equality Act 2010 – work with HR and the corporate equalities officer and the employee to identify what these might be – in the case of medical treatment this would include time off for treatment and recovery
Exclusive behaviours
Don’t refuse to make reasonable adjustments so that the employee can continue to carry out the job they are employed to do
Don’t leave it up to the employee to inform or cope with negative treatment by service users
Don’t take disciplinary of capability action against an employee who takes time off for medical treatment and recovery in connection with their reassignment
Family life
Remember – families come in all shapes and sizes and the Assumptions that Trans employees won’t have biological law will be changing so that Trans people can stay married or civil partners with their spouse/ partner upon reassigning children and spouses or partners
Treating a Trans employee who is getting married or having a civil partnership the same as others in your team or service
Appreciating that the family circumstances for Trans employees may be complicated, may undergo changes depending upon how their family responds to gender reassignment, and understanding that changing gender identity does not stop individuals from being parents, grandparents etc – they may want time off for school holidays as other people with families will
Assumptions that Trans employees have come out to their birth parents or family or have their support
Not treating the spouse or partner of a Trans employee in the same way you would treat other people’s spouses or partners
Using pronouns and language which fails to acknowledge the employees preferred gender identity and assuming that
Trans employees will not continue to live with their spouse or partner
13

Inclusive behaviours
Use inclusive language and challenge offensive or derisory language
Exclusive behaviours
Language and offensive language
Using derogatory language at work or constantly drawing on stereotypes and assumed pronouns
Explain the use of inclusive language to employees who may unintentionally offend and take action if an employee repeatedly refuses to use inclusive language or acknowledges the Trans employee in their preferred gender
14

15

The Council has had an LGBT Employee Network for several years – all employees are entitled to join this network if they identify as LGB or T.
Managers should let all new employees know abou t the Council’s three employee networks (BME, Disabled Workers Group, and LGBT) and not make any assumptions about whether an employee is LGBT. The Chief Executive has personally agreed that, subject to the needs of individual services, that employees should be allowed time during working time to attend meetings of the networks or events organised by them. Employees are not required to show that attending a particular employee group or network would assist their personal job or development as might be summarised in Myplan. Employees are asked to make reasonable requests when seeking to attend – by talking to their manager and giving plenty of notice.
The LGBT Network is actively supported by the Council. It plays an important role in helping the Council to act fairly and to advance equality and tackle homophobia and Transphobia. It contributes towards the development of fair policy and practice in both employment and the delivery of services to the
LGB or T communities in Derbyshire. Departments can ask to attend the network meetings in order to carry out consultation over important changes to policies or services.
It provides an opportunity for LGB and Trans employees to meet and discuss issues they are facing at work. It provides a safe space for LGB and Trans employees to be themselves within the workplace, and includes both formal and informal activities and meetings.
Good practice tips:
Do:
 Promote the Council’s LGBT Employee Network to all your employees, together with the other employee groups and networks http://www.derbyshire.gov.uk/council/equalities/employee_networks/lgbt_n etwork/default.asp

Allow employees who are members of the LGBT Employee network to attend meetings and contribute towards the work carried out by the
Network and its events to raise awareness such as LGBT History Month,
Trans Day of Remembrance and attendance by the Council at the local
Pride or Sparkle events

Ensure that all employees are aware of the Council’s confidential
Counselling Services and that they are able to speak to a member of the

department Human Resources Team if they have a problem they do not feel able to discuss with you as their manager. The Counselling Services can be contacted on: 01629 536954 between 8.30 am and 5.30 pm
Monday to Friday

Promote the services which are available to any local person provided by
Derbyshire Friend, the county’s local LGBT organisation. They provide a wide range of services and support, including support and networks for local Trans people to meet and talk to each other. More information about
Derbyshire Friend’s services for Trans people is available at: http://www.gayderbyshire.org.uk

There are a number of national advice and information services for Trans people including: o GIRES – Gender Identity Research & Education Society – www.gires.org.uk
o Press for Change – www.pfc.org.uk
o The Gender Trust – www.gendertrust.org.uk
o Beaumont Society – www.beamontsociety.org.uk
The Equality Act 2010 altered the law in relation to the duties of employers and people delivering goods and services, so that it is now a requirement to make reasonable adjustments (which are usually made for disabled people) to assist people undergoing gender reassignment. This means that the Council must take practical and other steps to support Trans employees and their colleagues to adjust, from the point a Trans employee begins making the changes at work until. This should continue during the reassignment and might specifically cover things such as being supportive if employees need to take time off for medical treatment or whilst they recover. It can also include providing employees with adaptations or making changes to job duties or activities, and should certainly include the taking of steps to support employees, colleagues and service users to readjust to the changes.
Under the Equality Act, the failure to make reasonable adjustments in relation to disability, gender reassignment and pregnancy and maternity is unlawful and is known as prohibited conduct.
The Council has lots of experience of making reasonable adjustments for its disabled employees and job applicants, and some, but not all of these kinds of adjustments could apply. There is relatively little of no case law which yet defines what is and isn’t a reasonable adjustment for Trans employees and job applicants. However, as the Council has already supported a number of
17

Trans employees as they have come out and undergone reassignment, it is useful to talk to the Department HR Service Partner and the corporate officer for equalities, who will be able to help with ideas and advice, sometimes based on what we’ve already done or learnt.
Managers will also find the information available of the websites of GIRES,
Press for Change, and the Equality and Human Rights Commission useful when identifying which reasonable adjustments may be helpful.
Trans employees come from all backgrounds and family situation. They will be from all racial backgrounds, religious communities, married and single, living with partners and civil partners. They may have children and grandchildren.
Depending upon how their ‘coming out’ is perceived by different family members, they may receive genuine support, or face rejection. ‘Coming out’ to families and loved ones can be very difficult and create upheaval, lead to distress and anxiety, and affect all concerned. Be careful not to make assumptions about how an employee’s family life will be, or in relation to existing relationships they have. In many cases, Trans people will continue to stay with a spouse or partner and alter arrangements to reflect this, whilst others will separate or divorce.
As the law currently stands, a Trans employee must divorce a spouse before being able to obtain a Gender recognition Certificate and to have their birth certificate altered. This then enables them to undergo a Civil Partnership if they choose to. The current proposals to allow Gay marriage include changes that will enable Trans people to convert an existing marriage into a same sex marriage or Civil Partnership.
As managers will know, any significant personal or family change or trauma can affect employees at work, and even if things settle down at home, it should not be assumed that a Trans employee can count on full or informed support at home.
As Trans employees progress towards their preferred gender, family life is likely to be affected. They will need to make decisions about the nature and future of their current relationships. This could lead to legal and other changes in their marital status, financial stability, and affect access or customer of children and grandchildren. The Council aims to treat all of its employees fairly based on marital and civil partnership, offering appropriate rights and benefits.
In the longer term things such as pension records may need to be altered to reflect name changes, the correct title for the employee to reflect their
18

preferred gender, and over partner entitlement to pensions, but in the immediate term, employee records will need to be updated to record what is happening, to show new names and titles, and to meet any family or personal related circumstances. Having clarified with employees what they would want to change and at which stages, the manager will need to contact the HR
Service centre or update information on the SAP system, to ensure that the employee’s employment details are kept up to date and any contact or correspondence they receive from the Council reflects their changed or changing circumstances. Benefits which accrue due to having children or other caring responsibilities should not generally be removed as this could constitute unfavourable treatment or discrimination.
A sensible discussion with employees will usually be enough to clarify whether or not a benefit linked to family circumstances is still required/ appropriate. If necessary, seek further advice from the department HR Service Partner over any complex issues. Remember, the action you take may end up making or interpreting policy and how future Trans employees are supported, so you must always seek to act in a considered way, sensitively and fairly.
The requirement not to discriminate against a person on grounds of gender reassignment applies to all aspects of recruitment and selection, to new starters, and in relation to some aspects of former employment. The Council is not presently asking job applicants to answer any questions in relation to gender reassignment, including by asking monitoring questions. All applicants can let us know that they will need adjustments made or have additional requirements which we need to take notice of. Accordingly, some Trans applicants may use this space on the form to let us know if they have any requirements whilst others will not. Effectively, we are unlikely to know if someone is Trans unless they are interviewed and it is possible to ascertain this from appearance, voice or because they tell us at interview or some other stage.
It is particularly important that anyone involved in recruitment understands their legal duties in relation to discrimination and treats every Trans applicants with dignity and respect at all times. This can be done by not reacting in an obvious way, or make a specific ref erence to the person’s gender identity, but allow them to bring it up and be prepared to give re-assurance to all applicants that they should expect to be treated fairly, with dignity and respect at all times, in accordance with our Policy for Equality and Diversity.
19

All new employees should be treated in the same positive manner, provided with consistent advice and information, encouraged to take part in the corporate and any department induction activities or tasks. In the same way that care and planning may be needed where an existing employee ‘comes out’ as Trans, it may be necessary for a manager to support new employees to settle in, perhaps by advising team members in advance that their new colleague is undergoing reassignment etc. This must not extend to gossip or discussions which breach confidentiality, and indeed this offers the perfect opportunity to demonstrate positive leadership by showing your support for positive behaviours at work.
A ‘Trans Ally’ is someone, normally a manager, who champions LGB rights within the workplace. This is more than simply being a manager of Trans employees, but proactively champions Trans rights and equality. The Council is keen that managers become equality based allies, including Trans allies as part of showing their leadership with colleagues and peers. This can be done by:

Attending events intended on promoting Trans equality or encourage training in relation to Trans awareness

Publicly showing support for Trans equality by including positive messages and images in emails and other communications and publicity, employee profiles, annual reports, press releases, notice boards or other documents

Ensure that all of your employees who conduct Myplan meetings are Trans aware and cover equality issues such as training needs, behaviours, support requirements and discrimination or harassment issues

Allocate a notice board to diversity information within your department on which equality and diversity related information, posters, campaign materials can be displayed
 Ensure that diversity forms a part of everyone’s induction, their Myplan, assessment of probationary periods of employment, team discussions and team briefings

Invite the LGBT Employee network to talk at your department away-day or event about their role and function within the Council and your department
 Getting your service to form a part of the Council’s representation at the local Derby Pride event or the nearest Trans Sparkle event, to promote your services with Trans people and to have more contact with Trans residents and service users
20

 Find out more about how you can support the Council’s work in relation to
Trans equality and share what you do with others – role modelling your service

Offer to be a mentor for staff from diverse backgrounds including Trans employees

Ensure that managers under your supervision understand and promote equality, including Trans equality, within their teams, and take action if they fail to promote the Council’s policies or deal with harassment or bullying towards Trans and other employees
Ensuring that Trans employees are supported and that other members of staff are aware of their legal responsibilities not to discriminate is one of the main things you can do as a manager. This could also include awareness raising training in relation to diversity and the Trans community and its history. It is important that all employees, however long they have worked for the Council, are kept up to date with their responsibilities; understand about how society and Derbyshire is changing; and receive help to adjust to change and issues they are not familiar with.
Look out for diversity or similar training through the corporate learning and
Development programme, and specific training or awareness raising activities provided by other organisations and training providers, especially if your employees will be working with or providing services to Trans people, so that they can gain a better understanding of the issues and how these might be affected by what the Council does.
If you would like to commission bespoke training for your department or service on Trans Awareness, please contact the Senior Policy Officer,
Equalities who can advise on possible providers.
Good practice tips:

Make sure all your employees have attended relevant diversity awareness training which covers LGB and T awareness

Let your department training team know about the future needs of your service, so they will include diversity/ LGBT awareness training as part of the department or corporate programme

Provide feedback to your HR Service Partner or Training Manager or the Senior Policy Officer, Equalities if any aspects are absent from the training which is available, so that account can be made of this when
21

developing and designing future programmes of training

Consider using e-learning for employees where it might be difficult for them to attend face to face training to let them do it in a way which can be fitted into the time they have at work, or consider paying employees for additional hours so they attend training
13. What we’re doing to promote gender reassignment equality
Derbyshire County Council is an employer, provider of services, supports local schools delivering education, and is a public body. As a public body the
Council must comply with the Public Sector Equality Duty. This says that the
Council must take account of the need to advance gender reassignment equality, work to eradicate discrimination and harassment towards Trans people, and promote good relations so that Trans people can live and be regarded as an integral part of local communities, included in local democracy and community activities. This duty is proactive in nature and is based on anticipating that it is necessary to take action to deal with inequality, discrimination and harassment before it takes place, such as by having positive policies and processes which help ensure services are sensitive to the needs of the Trans community, supporting Trans employees, and engaging with Trans organisations and groups.
As part of the duty the Council must publish a range of information each year which shows how we are meeting the duties, including to Trans people, and every four years we should adopt appropriate equality based objectives for advancing equality.
The Council is already working to advance gender reassignment equality. Our eight equality objectives are helping to do this. When we carry out reviews of our policies and services, we will usually consider how any changes will affect the nine protected characteristic groups covered by the Equality Act 2010, including because of gender reassignment. The Equality and Diversity Policy clearly expresses our commitment to gender reassignment equality in relation to employment and how we deliver Council services, and we regularly engage with a number of local and national groups and organisations which represent or support Trans people. This guidance is intended to help the Council to meet its duties in relation to employment and improve understanding across the workforce of issues in relation to gender reassignment at work.
22

14. Trans History Timeline
577
King Henry III of France frequently cross dressed and while dressed as a woman was referred to as her majesty by his courtiers.
1654
Queen Christina of Sweden (often considered bisexual) abdicated the throne, dressed in men’s clothing and renamed herself Count Dohna.
1676
MTF transsexual Abbe Francois Timoleon de Choisy attended Papal inaugural ball in female dress. His memoirs, published postmortem, offer the first written testimony of cross-dressing.
1700s
“Molly houses” provided a space for the English gay community to meet, carouse and relate to one anothe r. “Mollies” were men who often crossdressed and developed their own queer culture.
1750
Female to male trans vestites join Nelson’s Navy as did hundreds of others and were only discovered when they were flogged. They were never punished when they were discovered and often went on stage and became celebrities wowing audiences backed by an all singing and all dancing group of crossed dressed transvestite tars.
1804
George Sand, born Amandine-Aurore-Lucile Dupin, became an accomplished
French romantic writer as famous for her affairs as for her words. She was the first woman in modern European history to frequently wear men’s clothes, shocking her contemporaries.
1840s
Asylum Care
In the 19th century it was believed that by moving mentally unstable people from a community disturbed by poverty, depravity and social unrest to a closed, humane, but disciplined environment in a lunatic asylum early in the development of their insanity they could be cured and the accumulation of chronic lunatics on poor relief halted. Trans people were often placed in asylums and regarded as insane.
1897
Henry Havelock Ellis of the Fabian Society, a supporter of sexual liberation.
His interests in human biology and his own personal experiences, led
Havelock Ellis to write his six volume Studies in the Psychology of Sex. The
23

books, published between 1897 and 1910 caused tremendous controversy and were banned for several years.
1914
First World War (1914-1918)
Transvestites were being regularly shot charged as spies or cowards.
1919
Magnus Hirschfeld , becomes one of sexology’s founding fathers when he opened the world’s first sexological institute, the Institute for Sexual Science in
Berlin – which is later closed by the Nazis
1930
Encyclopeadia of Sexual Knowledge by Norman Haire (1930) Published, addresses transvestism in detail. It also illustrates the First ‘Sex-change’ procedures.
1932
Man Into Woman, the story of Lili Elbe’s life, MTF transition, and Sex
Reassignment Surgery is published.
1933
The Second World War (1939-1945) Eugenics
Nazis abuse, murder and sterilise transgender people. The Institute for
Sexology is raided, shut down, and its records destroyed by the Nazis in 1933.
Physicians and researchers involved in the clinic flee Germany. Some, unable to escape, commit suicide in the coming years.
1935
Magnus Hirschfeld dies in exile in France after The Institute for Sexual
Science was destroyed by Nazis in 1933. Aversion Therapy is first used to eliminate homosexuality and later is used on transgender people.
1938
Electroshock is first used by Ugo Cerletti to produce convulsions that he thought would alleviate schizophrenic and manic-depressive psychosis; it was later found to be more effective in the latter illness and is still in use today.
Commonly used on transgender people.
1941
Premarin, conjugated estrogens is extracted from pregnant mares is sold in
Canada. Followed by the US
1945
In 1945, Sir Harold Gillies and his colleague Ralph Millard carry out the world’s first sex change of a woman into a man on the young aristocrat,
Michael Dillon. Sir Harold Gillies, internationally renowned as the father of
24

modern plastic surgery, played a pioneering wartime role in Britain developing pedicle flap surgery. Gillies later performed surgery on the United Kingdom’s first male-to-female transsexual – Roberta Cowell.
1949
Harry Benjamin treat transsexuals in the US with hormones.
1951
May 15th, Robert Cowell became Roberta Cowell the United Kingdom’s first full surgically altered transsexual
1966
Beaumont Society Founded
1966
Harry Benjamin publishes The Transsexual Phenomenon.
1968
The International Olympic Committee tests chromosomes of athletes, and puts a stop to transsexuals competing. Universities operate on non-intersexed transsexuals.
1969
Stonewall riots 1969 Transgender and gender-noncomforming people are among those who resisted arrest in a routine bar raid on the Stonewall Inn in
New York City’s Greenwich Village, thus helping to ignite the modern LGBT rights movement.
1970
Corbett v. Corbett (otherwise Ashley). The judgment by Justice Ormrod sets the precedent that will leave UK post-op transsexual people unable to marry until the 21st Century – In September 1963 the parties went through a ceremony of marriage. April Corbett’s (neé Ashley) marriage is annulled and declared to be legally still a man despite sex reassignment.
1974
Jan Morris, one of Britain’s top journalists and one of the journalists on the successful 53 expedition, published Conundrum, a personal account of her transition. The book is now considered a classic.
1979
In 1979 a series of programs entitled ‘A Change of Sex’ are aired on the BBC
– viewers could for the first time follow pre-op transsexual Julia Grant through her transition. It also highlighted the arrogance at that time of psychiatrists based at the Gender Identity Clinic, Charing Cross Hospital, London
25

1980
Harry Benjamin International Gender Dysphoria Association to promote standards of care founded.
1991
Gender Trust is Founded.
1992
Press For Change is founded on the 27th February in a London Coffee
House.
1993
Cheryl Chase founded the Intersex Society of North America (ISNA) to build awareness and offer support to intersex people. Transgender youth Brandon
Teena was raped and murdered in Humboldt, Nebraska. This hate crime brought widespread attention to transgender discrimination and violence and became the subject of the award-winning film, Boys Don’t Cry.
1999
Brain material provided by the Netherlands Brain Bank demonstrates transsexualism is a medical condition and not a ‘state-of-mind’
The UK Sex Discrimination Act is amended to include protections on the basis of Gender Reassignment. Sex Discrimination (Gender Reassignment)
Regulations 1999
2002
In a judgment delivered at Strasbourg on 11 July 2002 in the case of Christine
Goodwin v. the United Kingdom, the European Court of Human Rights held unanimously that: there had been a violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights; there had been a violation of Article 12 (right to marry and to found a family).
This led the way for the later Gender Recognition Act to become UK law.
2003
The Draft [Gender Recognition] Bill is the Government’s response to decisions of the European Court of Human Rights and the House of Lords holding that aspects of English legislation violate rights under ECHR Article 8 (respect for private life) and Article 12 (right to marry) so far as it refuses to give legal recognition to a transsexual person’s reassigned gender.
2004
The United Kingdom Gender Recognition Act becomes law offering transgender people full legal recognition of change of gender. LAUSANNE,
Switzerland – Transsexuals will be able to compete at the Athens Olympics if
26

they have had appropriate surgery and are legally recognized as members of their new sex the International Olympic Committee decides.
2006
Felicity Huffman is nominated for an Oscar for her role as Bree in the worldwide hit road movie.
2011
With the help of the community, and archive footage provided by Transgender
Zone, Trans Media Watch (TMW) manage to persuade Channel 4 (UK} to sign the Memorandum of Understanding.
Gender reassignment
Transgender Currently, it is used as an inclusive or umbrella term describing all those whose gender expression falls outside the typical gender norms; for example, those who cross-dress intermittently for a variety of reasons including erotic factors (also referred to as transvestism), as well as those who live continuously outside gender norms, sometimes with, and sometimes without, medical intervention. Transgenderism includes transsexualism, transvestism, and gender non-conformism (gender nonconformists are any individuals whose gender identity, role, or expression differs from what is taken as normal for their assigned sex in a given culture and historical period).
Trans
Transsexual
Often used as an umbrella term meaning the same as transgender, but sometimes used to identify transsexual individuals. For instance, those born with female appearance but identifying as men may be referred to as
‘trans men’; and those born with male appearance but identifying as women may be referr ed to as ‘trans women’; these individuals could also be referred to as transsexual men and women. Many trans people, having transitioned permanently, prefer to be regarded as ordinary men and women. In these cases, where it becomes essential to refer to their pre-transition status, the phrase ‘woman (or man) of transsexual history’ may be used.
A transsexual person is generally understood as someone who intends to undergo, is undergoing or has undergone gender reassignment (from man to woman, or woman to man). This process may include
27

Transvestite
MTF
FTM
Cross-dressing
Transition
Intersex femininizing or masculinizing medical interventions
(hormones and/or surgery), typically accompanied by a permanent change in gender role. These may be known as Female-to-male (FtM)or Male-to-female (MtF).
Transsexual should be used as an adjective, not a noun i.e. she is a transsexual person, not she is a transsexual.
The abbreviation ‘tranny’ is commonly understood as an insult and is not respectful. Transsexual is not a term that has anything to do with sexual orientation (i.e. who you like to have sex with).
Someone who likes to dress in the clothes of the opposite sex.
Male to female
Female to male
This is the act of wearing clothes usually associated with people of the opposite gender.
This is the term used to describe the permanent change of gender role (from man to woman, or woman to man) in all spheres of life: in the family, at work, in leisure pursuits and in society generally. For many people, this involves learning how to live socially in another gender role; for others this means finding a gender role and expression that is most comfortable for them. Transition may or may not include feminization or masculinization of the body through hormones or other medical procedures.
The nature and duration of transition is variable and individualized.
A few people make this change overnight, but most do so gradually over a period of time. Those transitioning permanently usually have gender confirmation treatment that includes hormone therapy and often surgery. Such surgery is sometimes referred to as gender (or sex) reassignment surgery, though this term is often reserved for genital surgery. The combination of hormone treatments and various surgeries, along with other therapies, is often described as ‘medical transition’ to distinguish it from the ‘social transition’ an individual is likely to have already undergone or be undergoing. The term ‘sex change’ is not considered appropriate or polite.
This is someone who is born with the characteristics of both genders or with unclear gender characteristics. In many cases people born intersex
28

Transphobia
Reasonable adjustments
Gender dysphoria
Gender Recognition
Certificate have undergone surgery or been brought up as a specific gender by their families, only to later identify in the opposite gender.
The feelings of anxiety and discomfort experienced by people when encountering those who do not conform to traditional gender expressions.
These are changes or adjustments in employment or service delivery to make them suitable for Trans people. It could include changes to the environment but most often would relate to policies and practices, such as time off for medical appointments, changes to duties, communications and titles, and small things to ensure someone feels suppored at work.
The feelings of anxiety, discomfort and disconnection experienced by a transgender person. It is a diagnosis given by a psychiatrist and is needed for a referral to a gender identity clinic.
A certificate which can be obtained two years after transition. It legally changes the gender status of transgender person to their chosen gender and birth certificates, etc. can then be changed. Currently, amongst other requirements, any marriage the transgender person is in must be dissolved and it has led to the situation where marriages have had to be dissolved and civil partnerships entered into by the same partners. The Same Sex Marriage proposals currently being debated in Parliament would remove this requirement.
Contact details for national and local Trans groups and organisations
Weblinks for Equality & Human Rights Commission, Government Equalities
Office
29