Equality Impact Assessments
Equality
Impact Assessment
Record Form
Transgender Policy and Procedure
North Norfolk District Council
Page 1
Directorate
Service
Person
Date
responsible for assessment
the
completed
assessment
Resources
Human Resources/Organisational Development
Transgender Policy and Procedure
HR Officer
Title of the policy being
assessed
09/09/2010
The status of the policy
Draft
1. What are the aims,
objectives and
purposes of the policy?
This policy outlines the general principles for managing transition in the workplace, not only through
supporting trans people themselves, but also in supporting managers and colleagues. This policy should be
read in conjunction with the Council’s Diversity and Equality Policy.
2. Does the policy support
other objectives of the
council?
The Council wishes to promote equality and support employees in the workplace including those who are
going through, have gone through or intend to go through gender transition.
Yes:  Meeting general equalities duties such as:
o Promote equality of opportunity
o Eliminate unlawful discrimination and/ or harassment
 Corporate Plan – Values of ‘valuing staff’ and ‘equality and diversity’ (see page 15 of the plan)
 Combined equality strategy – the duty to ‘promote good relations between persons of different
backgrounds’ and the belief – ‘treat people fairly, justly and with respect in both employment and service
provision’.
 Links to the Council’s Disciplinary Procedure, where necessary. (This procedure has been assessed
separately).
 Legal compliance, for example, with the Gender Recognition Act 2004, Sex Discrimination (Gender
Reassignment) Regulations 1999, Equality Act 2006 (part 1, section 10(2)(d)) and the forthcoming
Equality Act 2010.
 Links to other policies/documents including:
o Diversity & Equality Policy
2
o
o
o
o
o
o
o
Bullying Policy and Procedure
Attendance & Authorised Absence Policy and Procedures
Disciplinary Procedure
Hate Incident Procedure
Driver Eligibility Form
Equality action plan
Additional guidance for managers and HR
3. Who is intended to
benefit from the policy,
and in what way?
All employees – by providing information and a framework for managing transitions and transgender issues at
work. It also provides employees with reassurance about the commitment to equality, diversity and support for
transgender employees. It also signposts employees to further, specialist sources of help and support. In
particular, this policy should benefit transgender employees.
All managers – by providing information and a framework for managing transitions and transgender issues at
work and well as additional sources of support.
All customers & service users – by demonstrating to the community that we are committed to equality,
diversity and supporting employees who are, have, or will be transitioning; which should also be echoed in the
services we provide. By demonstrating to potential transgender employees that the Council is a supportive
work environment which they might want to consider for future employment.
4. What outcomes are
anticipated from the
policy being in place?






5. Identify and select your
assessment team.
Raised awareness of transgender issues for all parties
A framework for managing transgender issues at work
Reassurance for transgender employees that they will be supported in the workplace and that bullying or
harassment relating to transgender will not be tolerated
Signposts information for all parties
Reinforces commitment to equality and diversity as stated in the Diversity and Equality Policy and in the
equalities statement contained within the Transgender Policy and Procedure
Potentially better recruitment and retention of transgender employees.
Name
Role
HR Officer
Various Consultees
3
Responsibilities
Lead on assessment
Consultees (See Appendix A)
6. What data have you
gathered for this
assessment?
How have you analysed
this data?
Source and
Age of Data
Owner
Report – Gender Variance in the GIRES
UK (June 2009) Available from:
http://gires.org.uk/assets/MedproAssets/GenderVarianceUKreport.pdf
INTRAN pages of intranet
Customer Services.
Findings
Information on incidence &
distribution by age & gender as
well as some considerations
for employers.
Data Gaps
n/a
Services that INTRAN can n/a
offer.
Changes made following this n/a
consultation are listed in
Appendix A.
Views from employee
Human Resources
representatives and community
groups regarding the assessment
(2010)
Cognos reports 2010
Human Resources
Data on employee age profile.
n/a
(Cognos is the HR information
system)
"Engendered Penalties:
Whittle S, & Turner L Information on harrassment National rather
Transgender and Transsexual
et al
experienced by transgender than local data.
People's Experiences of
people – see Appendix C.
Inequality and Discrimination",
Report for the Equalities Review
(2007)
North Norfolk District Councils North Norfolk District Guidelines on how to make n/a
accessibility matters standards
Council
information more accessible.
We do not currently hold data regarding transgender employees. This decision was taken on the basis that the
numbers would be small and any analysis would not be meaningful and could not be carried out without
compromising confidentiality. We have a frequently asked question on this topic relating to equalities
monitoring which is copied below for information:
Why do we have only two options for gender on the form?
The current form has two options for gender – ‘male’ or ‘female’ - however it is recognised that some people
may relate more to ‘transsexual’ or ‘transgender’. We have not given an extra option for these categories on
the Equalities Monitoring form as ‘Press for Change’ recommend that this information is never collected during
a recruitment process.
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7. Who are the main
stakeholders of this
policy?
Community

Staff/Members
The entire district – to raise
awareness of transgender issues as a
large local employer and to support
the staff who deliver services to our
community
8. Are there any concerns
that the policy could
have a negative impact
with regard to race and
ethnicity?




All employees
All managers
Members
Trade union
representatives
Partners

Pensions
What evidence (actual data or assumptions) do you have to support
this?
In line with the Council’s Diversity and Equality Policy, this policy applies equally
to all employees regardless of race and ethnicity. This is reinforced by the
equalities statement (section 3).
No
‘INTRAN’ services (translation) would also be available if there was a need to
communicate the policy in another language, for example. This will ensure that
the policy is accessible to all.
As the policy covers all employees regardless of their race or religion this policy
should have a positive impact on all rather than a negative or adverse impact.
9. Are there any concerns
that the policy could
have a negative impact
with regard to gender?
What evidence (actual data or assumptions) do you have to support
this?
In line with the Council’s Diversity and Equality Policy, this policy applies equally
to all employees regardless of gender. This is reinforced by the equalities
statement (section 3).
No
The evidence in Appendix C relating to harassment shows that there is a high
level of experience of harassment in public for transgender people – the policy
aims to ensure that this does not occur in the workplace by raising awareness
through the policy, and the procedures around transitioning, as well as by
making clear statements that bullying and harassment of transgender
employees will not be tolerated at the Council.
The whole purpose of this policy is to ensure support and fair treatment for
transgender employees. It was felt that a separate document was required to
help employees and managers understand the issues, because although there
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appears to be an increase nationally in transgender people coming forward (see
Appendix C), on the whole this is not a commonplace or well-understood topic
and one which must be handled with care and sensitivity.
10.Are there any concerns
that the policy could
have a negative impact
with regard to
disability?
What evidence (actual data or assumptions) do you have to support
this?
In line with the Council’s Diversity and Equality Policy, this policy applies equally
to all employees regardless of disability status. This is reinforced by the
equalities statement (section 3).
No
This policy should be communicated in a number of different forms – e.g.
intranet, team briefing & briefing newsletter. Communications would need to
comply with the Council’s Accessibility Standards. ‘INTRAN’ services
(translation) would also be available if there was a need to communicate the
policy in sign language or Braille for example.
The policy will be made accessible to all and covers all employees regardless of
disability status - therefore this policy should have a positive impact rather than a
negative or adverse impact.
11.Are there any concerns
that the policy could
have a negative impact
with regard to age?
What evidence (actual data or assumptions) do you have to support
this?
In line with the Council’s Diversity and Equality Policy, this policy applies equally
to all employees regardless of age. This is reinforced by the equalities statement
(section 3).
No
The evidence (see Appendix C) suggests that the average age for a transgender
person to present for treatment is 42 years. This is significant given the age
profile of our workforce with the largest group of employees being aged 40-49
years. However, in terms of a general incidence of 0.02% of people aged over
16, it is unlikely that there will be large numbers of transgender employees
present in the workforce. It is recognised that it is difficult to make firm
predictions about the numbers of transgender employees as employees may not
be ‘out’ with their work colleagues. However, the point of the policy and
procedure is to be able to deal with the needs of trans employees as and when
they arise.
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Whilst it is recognised that the overall numbers are low, the aim of the policy is
to support transgender employees, however small the numbers and whatever
their age. The existence of the policy should only have a positive impact on
transgender employees of all ages.
12.Are there any concerns
that the policy could
have a negative impact
with regard to
religion/belief?
What evidence (actual data or assumptions) do you have to support
this?
In line with the Council’s Diversity and Equality Policy, this policy applies equally
to all employees regardless of religion/belief. This is reinforced by the equalities
statement (section 3).
No
There are specialist support groups for transgender people of different faith
groups, some of which are highlighted in the appendices of the policy as an
extra source of support.
As the policy covers all employees regardless of their religion or belief, this
policy should have a positive impact on all rather than any negative or adverse
impact.
13.Are there any concerns
that the policy could
have a negative impact
with regard to sexual
orientation?
What evidence (actual data or assumptions) do you have to support
this?
In line with the Council’s Diversity and Equality Policy, this policy applies equally
to all employees regardless of sexual orientation. This is reinforced by the
equalities statement (section 3).
No
As noted in Appendix C, being transgender does not denote any type of sexual
preference as sexual orientation is a separate issue from gender identity. This
policy aims to support all transgender employees whatever their sexual
orientation and therefore should have a positive rather than negative or adverse
effect.
As the policy covers all employees regardless of their sexual orientation, this
policy should have a positive impact on all rather than any negative or adverse
impact.
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14.Could the negative
impact you have
identified in questions
8 - 13 lead to the
potential for adverse
impact if the policy is
implemented?
No
Although there is evidence that transgender people suffer from harassment,
there is currently no evidence of this at the Council (as currently there is no
widespread monitoring of transgender employees – see section 14 of the policy).
This policy aims to help pre-empt this and to send a clear message that this
behaviour is not acceptable and will not be tolerated here. Therefore it is
expected that the policy will have a positive impact in this regard.
Can this adverse impact be
justified on the grounds of
promoting equality of
opportunity for one group?
N/A
No adverse impact has been identified.
Or any other reason?
N/A
No adverse impact has been identified.
Can the impact be
mitigated by existing
means?
N/A
No adverse impact has been identified.
If yes, what actions will
you undertake to mitigate
these impacts and revise
the policy?
N/A
No adverse impact has been identified.
15.Describe the
arrangements for
reporting and
publishing this
assessment.
Has this assessment been
undertaken by a minimum
of two staff?
This assessment will be reported to the Equality and Diversity Board and will be published on the NNDC
external website (www.northnorfolk.org)
Yes
Has this assessment been scrutinised by your
Directorate Steering Group?
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This has been
scrutinised by
Organisational
Development
Equality Impact
Assessment team
If the policy is new, or requires a decision by Councillors to revise, has this Equality Impact Assessment
been included with the report?
Have any actions identified in this assessment been included in your service equality and diversity action
plan?
Completed by:
Signed off by:
HR Officer
9
Yes
See Appendix B
Organisational Development Manager
Appendix A – Consultation information and Edits
People involved in the assessment:
The following people were involved with/consulted regarding the policy itself and/or the EqIA:


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





HR Officer
Organisational Development Manager
HR Advisor
HR Officer
Community Liaison Officer
UNISON representative
Community Groups - ‘Transforum’, ‘Oasis’, ‘Norwich Pride’, ‘North Norfolk Pride’
Gillian Bridges – PCSO and Gay Liaison Officer for North Norfolk (GB)
A:gender
CRB sensitive (email and phone call 09/11/2010)
Actions taken after consultation:

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
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

Removal of reference to ‘social’ transitioning in the policy following email feedback from Oasis. This did not mean anything to the
transgender community and following a shift in the definition of gender reassignment under the Equality Act 2010, there was no
longer a need to distinguish between reassignment which is or is not ‘medically supervised’. (Oasis)
Removal of ‘trans-network’ from the list of sources of support in appendix b of the policy. However, this was replaced with transforum which is a current support group.
The importance of every person being an individual and wanting to manage things in their own way was highlighted in
discussion, and as a result the following was added to the introduction – ‘A framework procedure is provided in this document,
with key points for discussion highlighted, however, every transitioning employee is an individual and their wishes, preferences
and intentions will all feed into how the transition is managed at work.’
Addition of Gay Liaison Officer to the list of sources of support in Appendix B of the policy
Addition of T-Crime to the list of sources of support in Appendix B of the policy
Definition of ‘elective surgery’ added as a footnote r.e. section 9a
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




Updating of terminology and legislation following the introduction of the Equality Act 2010
Including wider reference to Department of Health publications in Appendix B of the policy
Reminder r.e. permission needed to be asked prior to discussing individuals under employee responsibilities
Change ‘wish’ to ‘intend’ in section 8b of the policy
Addition of ‘known’ to section 8d of the policy
Addition of ‘this would always be with the individuals’ prior consent’ in section 9b regarding occupational health advice
Addition of ‘Please note gender should not be changed on insurance documents until this change in gender is legally recognised
i.e. when a gender recognition certificate is obtained’ to section 10b of the policy
Addition of ‘employees are able to provide their own photographs for this purpose if they would prefer’ to section 10c of the
policy
Change from payroll to Payroll Officer in section 10f to make it clear just one person handles the request
Change to section 10g to make it clear that where possible records will be amended and only where this is not possible will they
be retained (and stored securely/confidentially)
Query raised regarding the current strands used in the EqIA form and whether or not this could be extended to cover each
protected characteristic separately following feedback on section 14b
Addition of the Grievance Procedure as a mechanism to raise related issues in section 11
Reminder about Data Protection responsibilities in section 13e
Addition to the start of section 10 to state – ‘The matters below will need to be discussed with the transitioning employee in order
to make the transition process as smooth as possible.’ To reinforce the need to discuss practical arrangements with the
employee themselves and agree how to move forward
Added that the Council (as well as the Local Government Pension Scheme) will not discriminate against trans people regarding
pension matters
Rewording of section 9 a, to increase clarity that medical appointments as part of gender reassignment are not considered
‘elective’
Amendment to box 14 to note that there are limitations in terms of monitoring for the statement that there is currently no
evidence of harassment of transgender duties
Amendment to box 11 to note that firm predictions in terms of numbers of trans employees is not possible, however, the policy
aims to provide a framework to deal with any issues as and when they arise
Amendments to some of the wording in Appendix A, most often to replace ‘sex’ with ‘gender’ following comments from Norwich
Pride. These were adapted definitions from EHRC so changes made in light of that qualification.
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


Amendment to section 12 of the policy to mention that some people may only present as the opposite gender occasionally or
intermittently
Additional bullet point in section 4 to remind employees that being trans does not indicate sexual deviancy or any particular
sexual orientation
Amendments to section 12 of the policy to reword final bullet point in a more supportive way and to include a reference that all
employees should use the facilities for the gender in which they present
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Appendix B – Action Plan
Action
Expected Outcome
Person
responsible
Review the Equalities Monitoring Form to To ensure that where possible the form HR Officer
see whether it would be more appropriate reflects the options most comfortable for
to have a third option or a blank box for trans employees/candidates
gender. (As recommended by Norwich
Pride & Transforum). Review in light of
needs for legal sex for pension/insurance
purposes.
Create
an
information
pack
for To reassure applicants that we monitor HR Officer
recruitment applicants which gives for good reason and not to discriminate
general information on the process but against them. To reassure that their
also highlights why we use monitoring information will be seen by as few
forms, and consider having one allocated people as necessary and to hopefully
point of contact for transgender encourage more applications from the
applicants in case they have any trans community
concerns etc and to manage their
sensitive
information
in
a
more
confidential manner
To consider omitting the ‘title’ field from To reassure trans applicants and to HR Officer
the application form so that people are allow them to apply without giving a
able to apply without indirectly stating a gender indication to the manager that
particular gender on the application form. will be interviewing them
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Target date
ASAP
ASAP
ASAP

Appendix C: Supporting information
Age profile of employees at NNDC (as at 31 March 2010)
Age
<20
20-29
30-39
40-49
50-59
60-64
65+
TOTAL
Number
x
50
65
112
80
27
x
342
%
x
14.61988
19.00585
32.74854
23.39181
7.894737
x
100
General Information
‘Employers need to be aware of this large group who, whether or not they present for medical treatment, may still experience discrimination and
be vulnerable to bullying and hate crime.’
1,200 people per annum undertake transition to a new gender role. This could include healthcare, surgery and life-long hormone therapy.
Source: Gender Variance in the UK (June 2009) Available from: http://gires.org.uk/assets/Medpro-Assets/GenderVarianceUK-report.pdf
The same report also notes that the prevalence of people presenting is increasing and this is something we should be aware of.
Harassment


73% of respondents experienced some form of harassment in public (ranging from comments and verbal abuse to physical violence)
21% stated that they avoided going out because of fear of harassment
Source: Whittle S, Turner L et al, 2007, "Engendered Penalties: Transgender and Transsexual People's Experiences of Inequality and
Discrimination", Report for the Equalities Review.
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Age
‘Transgender people present for treatment at any age. The median age is 42 years’
‘Few younger people present for treatment despite the fact that most gender dysphoric adults report experiencing gender variance from a very
early age’
Source: Gender Variance in the UK (June 2009) Available from: http://gires.org.uk/assets/Medpro-Assets/GenderVarianceUK-report.pdf
Gender
Current prevalence of people presenting with gender dysphoria is thought to be 20 people per 100,000 people aged 16 and over.
80% were assigned boys at birth and 20% as girls.
Source: Gender Variance in the UK (June 2009) Available from: http://gires.org.uk/assets/Medpro-Assets/GenderVarianceUK-report.pdf
Sexual Orientation
‘Sexual orientation is a separate issue from gender identity. Trans people may be gay, straight, bisexual or, occasionally, asexual. Their sexual
relationships may remain the same through the transition process, or they may change.’
Source: GIRES ‘Glossary of Terms’ Accessed online at http://www.gires.org.uk/glossary.php
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Equality Impact Assessments
North Norfolk District Council
Page 16