Transgender and other gender issues
Transgender and other gender issues

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Transgender and other gender issues
  • Gender identity terminology
  • Terms used in this Practice Note
  • Other terms which it is important to understand
  • Sources of guidance
  • Discrimination and other prohibited conduct
  • Direct discrimination
  • Indirect discrimination
  • Harassment
  • Victimisation
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: Brexit and IP completion day—implications for employment lawyers.

A small proportion of people have a gender identity that does not match the gender they were assigned at birth. This is known as being ‘transgender’ or ‘trans’. As the Gender Identity Research and Education Society (GIRES) notes, most gender non-conforming people do not wish to be detected, and would be fearful of revealing this information, even confidentially. Stonewall, the lesbian, gay, bisexual and transgender (LGBT) rights charity, acknowledges there is no accurate figure for how big the trans community is. According to the GIRES gender diversity policy guide for employers, the broad range of identities that are now emerging in our society may amount to about 4–5% of the population, therefore the workforce may include a similar proportion of people who do not conform to the typical ‘man’ or ‘woman’ binary model, who may transition, or wish to do so.

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