In April, the Supreme Court issued a definitive judgment on the definition of sex. Despite this, our commitment to diversity, equity and inclusion (DEI) should remain steadfast. In today’s visibly diverse world, fostering inclusive environments is crucial to prevent employee relations issues and to support individual growth and success.
It is important to remember that trans women can still file gender discrimination claims against their employers if they face discrimination due to perceived sex or their association with biological women. They can also make claims if they have suffered harassment or bullying in the workplace. Employers are also responsible for ensuring a safe working environment for everyone.
Employers are not limited to merely meeting legal obligations; they have the freedom to exceed these requirements and may wish to reinforce what inclusivity means within their organisation.
This includes welcoming and including all individuals, regardless of sex, sexual orientation, race, age, disability, religion or belief, and reminding everyone that bullying and harassment are unacceptable.
Engaging with DEI focus groups or community groups can provide insights into concerns and recommendations for handling communications and support.
Collaborative platforms like Microsoft Teams are invaluable for bringing people together to discuss key issues and facilitate feedback, supporting organisations in their quest to create progressive and inclusive cultures.
Supporting line managers with information and resources enables them to address concerns and sensitive conversations more effectively. It is crucial to provide support rather than leaving managers to handle these situations on their own.
Wellbeing concerns should be addressed proactively. Remind employees about available support options such as mental health first aid (MHFA), employee assistance programmes (EAP), medical insurance and counselling services. Additionally, signposting to external support charities can be beneficial.
For employers, it may be prudent to review policies to ensure they are up to date with current needs. Establishing community focus groups can provide support and feedback, aligning with the CIPD’s [Chartered Institute of Personnal and Development’s] three principles and enhancing organisational efforts towards inclusivity.
The initial reaction from the trans community has been one of fear regarding their ability to express themselves. A positive step forward would be to create additional non-gendered spaces, such as toilets and changing rooms.
The Equality Act aims to protect individuals from discrimination and promote equal opportunities. Given the increasing diversity of society since the act’s inception in 2010, a review of the act might be timely to ensure it remains effective in today’s context. Laws are frequently amended, and this judgment could serve as a catalyst for further enhancing the act’s relevance and effectiveness.
Emma Hughes is partner and head of HR services at Browne Jacobson
