Updated Acas guidance – gender re-assignment

On 29 October 2024, Acas published its updated gender re-assignment guidance . The guidance sets out the legal position and also provides examples of what may amount to discrimination, harassment and victimisation related to gender re-assignment.?

What is the definition of gender re-assignment?

The Equality Act 2010 (the Act) makes it unlawful to discriminate on the grounds of gender re-assignment. ?A person has the protected characteristic of gender re-assignment if they are “proposing to undergo, is undergoing or has undergone a process (or part of a process) to reassign their sex by changing their physiological or other attributes of sex”. Someone has the protected characteristic as soon as they propose to transition, even if they go no further. Non-binary and gender fluid people are also protected.

In the workplace, employees and workers (also former employees and workers), contractors/self-employed and job applicants are all protected.

What is gender re-assignment discrimination?

Gender re-assignment discrimination includes direct and indirect discrimination, harassment and victimisation. It is where someone is treated differently because of their gender re-assignment, perceived gender re-assignment or association with a transgender person.

What does the updated guidance say?

To prevent gender re-assignment discrimination, the guidance explains that employers should recognise and promote an inclusive culture where everyone understands that gender re-assignment discrimination and transphobia are not acceptable. It also sets out specific measures that can help prevent gender re-assignment discrimination. In summary these are:

?1.?? Supporting an employee who is transitioning.

2.?? Having a transitioning at work policy.

3.?? Considering things that particularly affect transgender employees.

4.?? Reviewing any policies on absence or appointments.

5.?? Appointing an LGBT+ champion to promote equality.

6.?? Setting up a staff LGBT+ network to allow allies to share experiences and support each other.

Key takeaways

Employers are encouraged to:

• Review the updated Acas guidance.
• Take proactive steps to ensure workplace policies and procedures reflect the recommendations.
• Regularly monitor policies to ensure they are fit for purpose.
• Consider modifying other policies (such as absence).?
• Choose appropriate LGBT+ champions with sufficient seniority.
• Implement a support mechanism (this could be support offered internally and externally).
• Think about practical issues such as staff training needs/workforce awareness, IT systems (are they able to adopt changes to pronouns/names), facilities and dress codes.
• How will conflicting beliefs we dealt with? This could be through training, support for both staff members and potentially mediation.

If you or your business require any assistance with these guidelines, please contact a member of the Employment, Pensions & Immigration department who will be happy to help.