This Practice Note considers the legal and human resources (HR) considerations for employers when dealing with staff who are transgender (trans) or identify as gender-neutral or non-binary. It considers the effect of a gender recognition certificate (GRC) under the Gender Recognition Act 2004 (GRA 2004), protection from sex discrimination and gender reassignment discrimination under the Equality Act 2010 (EqA 2010), the Protection from Harassment Act 1997 (PHA 1997), the Human Rights Act 1998 (HRA 1998), trust and confidence and data protection issues. For information on the position in relation to toilet, washing and changing facilities, see Practice Note: Providing toilet, washing and changing facilities in the workplace. Issues of sex and gender identity have been hugely impacted by For Women Scotland (FWS2), in which the Supreme Court held that, for EqA 2010 purposes, a trans person’s sex is their biological sex (not their acquired or chosen sex), regardless of whether they have a GRC (see: Protected characteristic of sex, below). The Supreme Court highlighted that its interpretation does not remove protection