Civil servants in the UK could face investigation and disciplinary action for failing to use a transgender colleague's preferred name or gender, according to new guidance issued by the Cabinet Office. The policy, shared with all government departments, outlines that deliberately 'deadnaming' or 'misgendering' a trans colleague to deny, mock, or invalidate their identity is unacceptable and may be treated as misconduct.
The 29-page document, marked 'official sensitive', also states that trans public sector workers may be granted paid time off for medical appointments related to their transition, even if they are fit to work. Furthermore, transgender civil servants will be able to update their names and gender in computer systems as soon as they begin their transition.
The guidance acknowledges that misgendering can occur accidentally. However, it emphasizes that persistent or deliberate actions are subject to investigation. The policy also notes that some employees may hold philosophical beliefs protected under the Equality Act that conflict with recognition of trans identities. Despite this, it states that such beliefs do not permit gratuitous or indiscriminate use of a person's former name or incorrect gender.
The policy's provisions regarding single-sex facilities stipulate that trans officials cannot use facilities designated for their affirmed gender if those spaces are single-sex. Instead, they are directed to use unisex facilities or those aligning with their biological sex. The document suggests that these arrangements should be discussed and agreed upon with a line manager.
The new model policy, titled 'Policy and Guidance: Supporting Trans and Non-binary Employees', was distributed to Whitehall departments in May for adoption as a template. The Cabinet Office has not yet published the document.
Reactions to the guidance have been mixed. Conservative shadow equalities minister Claire Coutinho expressed concern that public bodies might 'weaponise fear of causing offence' to penalize women. She stated, 'People should be polite and courteous, but no one should be punished for protecting their legal rights to single-sex spaces or for acknowledging that biological sex is real.'
Maya Forstater, chief executive of Sex Matters, welcomed the provisions for protecting single-sex facilities but criticized the policy's stance on pronouns and misgendering as 'shockingly biased'. She argued that penalizing individuals for not recognizing gender identity as distinct from biological sex is unjust and discriminatory.
Conversely, trans rights groups have labeled the civil service guidance as 'unworkable' and 'discriminatory', warning that it could inflict 'immense harm' on trans employees. They contend that the policy is overly punitive and does not adequately support transgender individuals in the workplace.
