Civil servants in the United Kingdom could face investigation and disciplinary action if they fail to use transgender colleagues' preferred names and pronouns, according to new guidance issued by the Cabinet Office. The 29-page document, marked 'official sensitive,' states that officials can be investigated for misconduct if they 'deadname' or 'misgender' a trans colleague, which includes denying, mocking, or invalidating a person's transgender identity.
The new policy, shared with all government departments as a 'model' to update their internal procedures, also outlines provisions for trans public sector workers, including potential paid time off for medical appointments related to their transition, even if they are otherwise able to work. Trans civil servants will also be able to change their name and gender in computer systems as soon as they transition.
While the guidance acknowledges that misgendering and deadnaming can occur accidentally, it warns that deliberate actions are unacceptable and subject to investigation. The policy does recognize that some employees hold beliefs, protected under the Equality Act as a philosophical belief, that do not align with transgender identities. However, it clarifies that this protection does not permit the 'indiscriminate and gratuitous' use of incorrect terms for a trans person.
The guidance also addresses the use of single-sex facilities, stating that trans civil servants may not use facilities designated for single-sex spaces that align with their affirmed gender. Instead, they are directed to use unisex facilities or those matching their biological sex. The policy notes that such arrangements require discussion and agreement with a line manager.
The document has drawn criticism from various groups. Conservative shadow equalities minister Claire Coutinho warned that public bodies are using the fear of causing offense to sanction women unfairly, stating that individuals should not be punished for defending their legal rights to single-sex spaces or for acknowledging biological sex. Maya Forstater, chief executive of Sex Matters, while welcoming the policy's stance on single-sex facilities, criticized its content regarding pronouns and misgendering, arguing that sanctions for not affirming transgender identities are unjustified.
Conversely, trans rights groups have described the guidance as 'unworkable' and 'discriminatory,' predicting it will cause significant harm to trans employees. The Cabinet Office has not yet publicly released the full document.