DRAFT Model Policy and Guidance: Gender Identity and Intersex Contents Policy 1 Scope 2 Definitions and useful terminology 3 Bullying, harassment and discrimination 8 Data protection and confidentiality 9 Line manager guidance 10 Supporting employees who are transitioning 11 Supporting intersex employees 14 Supporting parents, carers and guardians of transgender, non-binary and intersex young people 16 Wellbeing 16 Workplace adjustments 17 Moving roles 18 Employee guidance 18 Sharing information with colleagues 20 Confidentiality and disclosure 21 How to support your transgender, non-binary and intersex colleagues 23 Names and pronouns 24 Respecting confidentiality 24 Becoming an ally 25 Supporting attendance 25 Handling absences related to gender transition or intersex variations 25 Absences not related to gender transition or intersex variations 27 Post-surgery absences 27 Further information 28 Related policies 28 Support 28 Annex 1: Line Manager’s Checklist 29 NVAG 2023-06-26 Overall Policy and Guidance v6 1 DRAFT Annex 2: Recruitment guidance 34 NVAG 2023-06-26 Overall Policy and Guidance v6 2 DRAFT Policy 1. Everyone working within the Civil Service, or alongside civil servants, should be free to carry out their duties with respect and dignity, in alignment with the Civil Service Diversity and Inclusion Strategy: 2022 to 2025. They should expect to be treated fairly, have equality of opportunity, and be protected from any form of bullying, harassment, discrimination, and victimisation within our shared workplace. 2. An inclusive workplace provides everyone with a sense of belonging, allows them to be their authentic selves, and ensures they have a voice in their teams and the organisation. Recognising that gender identity is complex, we intend to create and maintain a culture of diversity and inclusivity regardless of how a person identifies. 3. People must not feel excluded because of their sex or gender identity. They should also not feel excluded if they have a gender identity not specifically protected by the Equality Act 2010. 4. Gender reassignment is protected under the Equality Act 2010. Those with gender identity or gender critical beliefs are also protected under the Act. This affords protection from discrimination or harassment suffered as a result of holding that belief. Insulting or offensive comments about a person because they hold either belief can amount to harassment of or discrimination against that person. 5. This policy recognises that the subject of gender identity has been, and may continue to be, the subject of public debate in terms which can be intransigent and upsetting. We wish to encourage a workplace culture of mutual respect and understanding whatever may be a person’s beliefs. Scope 6. This policy and guidance applies to all civil servants employed by the Department including those on probation and fixed-term appointments. 7. The Equality Act 2010 includes gender reassignment as a protected characteristic. This makes it unlawful to discriminate against, harass or victimise a person because they: NVAG 2023-06-26 Overall Policy and Guidance v6 3 DRAFT ● are transsexual (in the sense of a person who has the protected characteristic of gender reassignment) ● are perceived to be transsexual ● have an association with a transsexual person. 8. It is generally acknowledged that “trans” or “transgender” are preferred terms to “transsexual”, although the latter remains the statutory language. 9. Although non-binary and intersex are not protected characteristics under the Equality Act 2010, they may be protected in common law* 1 . The Department aims to treat non-binary and intersex people equally to those who have more legal protections. 10. The principles also apply to anyone who works alongside civil servants but is not an employee of the Department, such as contractors, consultants, and agency workers. Definitions and useful terminology 11. The terminology around sex and gender is constantly evolving. Many terms are used and individuals will choose the ones that are right for them. This policy does not purport to adopt language associated with either a ‘gender identity’ or a ‘gender critical’ belief. 12. The definitions provided are those that are commonly understood. They may not align strictly with legal definitions or terms used by other specialist teams within the Civil Service. Acquired gender 13. The Gender Recognition Act 2004 (GRA) describes this as the gender in which an applicant is living and seeking legal recognition. It is different from the person’s sex at birth and is instead, the gender the individual identifies with. It could be male or female. ‘Affirmed gender’ is now generally regarded as a preferred term, although the statutory language has not changed. Affirmed gender 14. The gender in which a transgender person lives and presents to the world. This is not the person’s sex at birth, but it is the gender in which they should be treated. Deadnaming 1 This is an area where there is developing case law; if in any doubt please seek HR advice. NVAG 2023-06-26 Overall Policy and Guidance v6 4 DRAFT 15. Calling someone by their birth name after they have changed their name. This term is often associated with trans people who have changed their name as part of their transition. Gender 16. Often expressed in terms of masculinity and femininity, gender refers to socially constructed characteristics, and is often assumed from sex at birth. Gender critical belief 17. A belief that recognises women only as adult human females and men only as adult human males and that it is impossible for a person to change sex which is determined at conception. Gender dysphoria 18. A medical diagnosis that someone is experiencing discomfort or distress because there is a mismatch between their sex at birth and their gender identity. 19. However, individuals working in the Civil Service do not need to experience gender dysphoria or have a formal diagnosis to be treated in the gender to which they identify, if any. Gender expression / gender presentation 20. A person’s outward expression of their gender. This may differ from their gender identity or it may reflect it. Gender identity 21. A person’s internal sense of their own gender, which may not be male or female and could be, for example, non-binary. Gender reassignment 22. A protected characteristic under the Equality Act 2010. A person has the protected characteristic of gender reassignment if they are proposing to undergo, are undergoing or have undergone a process (or part of a process) for the purpose of reassigning their sex by changing physiological or other attributes of sex. 23. Subject to certain exceptions, the Equality Act 2010 prohibits discrimination because of gender reassignment, for example, in employment or in the provision of services. This NVAG 2023-06-26 Overall Policy and Guidance v6 5 DRAFT includes treating employees or service users less favourably because of a mistaken belief that the person is proposing to undergo, is undergoing, or has undergone the process of reassigning their gender. 24. Gender reassignment surgery is also known as gender affirmation surgery or gender confirmation surgery. Gender Recognition Certificate (GRC) 25. A GRC is given to an individual who has made a successful application under the Gender Recognition Act 2004 to the Gender Recognition Panel. To gain the certificate the individual must show that they have lived in their acquired gender for two or more years and declare that they intend to do so permanently, and they must have been assessed by two relevant professionals as having gender dysphoria. 26. A GRC gives an individual legal recognition of their affirmed gender, providing them with the rights and responsibilities belonging to someone of that gender. For the purpose of the Equality Act 2010, if the acquired gender is the male gender, the person’s sex becomes that of a man and, if it is the female gender, the person’s sex becomes that of a woman. The individual will be able to obtain a new birth certificate if their birth was registered in the UK. 27. You do not need a GRC to be entitled to protection on the grounds of gender reassignment or to legally change your gender on other documents such as your passport. Gender transition / Transition 28. This is when transgender individuals decide to start presenting in a gender expression that matches their gender identity. This may refer to social transition (changing name, clothes etc), medical transition (hormones and/or surgery) or both. 29. Gender transition is also known as gender affirmation or gender confirmation. It is an individual process and can take a long time, often years, especially when a person opts for surgery. 30. Early stages of gender transition may involve dressing in a manner that reflects the societal norms of an individual’s gender identity and coming out to friends, family and colleagues or seeking professional assistance or counselling. From there, a doctor may NVAG 2023-06-26 Overall Policy and Guidance v6 6 DRAFT prescribe hormone therapy and in some instances gender reassignment surgery, or other surgical interventions. To apply for and gain legal recognition in their affirmed gender, an individual must first spend a minimum of two years living in that gender. This is often referred to as “real life experience”. 31. All individuals have the right to express their gender identity and present in their affirmed gender at work. This could mean: ● changing their outward appearance, including clothing ● changing the name they use at work ● using, at the appropriate time following discussion with management, single sex toilets and other facilities appropriate to the presentation of their gender ● changing their pronouns ● expressing their gender differently from day to day. 32. Within the Civil Service, a transgender person will be supported whatever their personal transition entails. Intersex 33. A term for people with a mix of typical male and female sex characteristics. These include hormones, chromosomes and external/internal reproductive organs. There are many different types of natural intersex variation. 34. Intersex individuals can have varying gender identities and intersex variations may or may not be accompanied by gender dysphoria. They may need to or choose to access medical treatment to: ● change sexual characteristics ● manage hormone levels ● maintain general health, for example, to prevent issues with bone density caused by hormonal imbalances. 35. Intersex and transgender are not the same and the majority of intersex individuals are not transgender. However, intersex individuals are more likely than the general population to experience gender dysphoria and decide to transition to a gender fitting their gender identity. In many instances, individuals discover that they have intersex variations later in life, sometimes by chance. This can have an impact on their mental health and wellbeing. NVAG 2023-06-26 Overall Policy and Guidance v6 7 DRAFT Misgendering 36. This is referring to someone using a word, especially a pronoun or a form of address, that does not correctly reflect the gender with which they identify. The context may be relevant and such expression may or may not be an expression of hostility. Non-binary 37. An umbrella term that includes people who do not accept binary notions of gender and: ● do not identify as either male or female, or ● identify as both male and female, or ● have a flexible gender expression, or ● take another approach to gender entirely. 38. Gender identities often considered to be under the non-binary umbrella include, for example, genderfluid, where an individual’s gender expression is flexible, and agender, where an individual doesn’t identify with any gender at all. Many other terms are also used. 39. Non-binary individuals may also decide to present in a gender expression that matches their gender identity. This may involve hormone therapy and/or surgery. Pronouns 40. These are words used to refer to people’s gender in conversation - for example, ‘he’ or ‘she’. Some people may prefer others to refer to them in gender-neutral language and use pronouns such as they/their and ze/zir. Sex 41. Some people regard sex as a matter of biology only. Others treat the word as interchangeable with gender based on self-identification. For the purpose of this policy, we use the term to refer to the legal concept of sex, which is based either on a person’s sex at birth or the sex which has been “acquired” as a result of obtaining a GRC. On this basis, a person’s sex is either a man (or a male) or a woman (or a female). Sexual orientation 42. A person’s emotional, romantic and/or sexual attraction to another person. It is separate to gender identity and is therefore not covered in this guidance. NVAG 2023-06-26 Overall Policy and Guidance v6 8 DRAFT Transgender / trans 43. Umbrella terms used to describe individuals who have a gender identity that is different to the sex recorded at birth. Non-binary people may or may not consider themselves to be transgender/trans. Transphobia 44. The fear or dislike of someone based on the fact they are trans. Transsexual person 45. This term is most closely associated with the legally protected characteristic of ‘gender reassignment’. A transsexual person may be a person whose sex at birth was female and who has transitioned or is transitioning to live as a man, or a person whose sex at birth was male and who has transitioned or is transitioning to live as a woman. 46. The process of gender reassignment does not need to entail any or any specific type of treatment or surgery. Protection begins when the individual proposes reassignment. 47. The law does not require a person to undergo any or any specific type of medical treatment or surgery to be recognised as a transsexual person. Once a transsexual person has acquired a GRC, they should generally be treated for legal purposes entirely as in their acquired gender. 48. Although transsexual is the term used in legislation, trans or transgender is now preferred. Trans man / transgender man 49. A female-to-male transgender person whose sex at birth was female but has a male gender identity. Trans woman / transgender woman 50. A male-to-female transgender person whose sex at birth was male but has a female gender identity. NVAG 2023-06-26 Overall Policy and Guidance v6 9 DRAFT Bullying, harassment and discrimination 51. Bullying, harassment and discrimination are in direct conflict with the Civil Service values of honesty, objectivity, impartiality and integrity. It is important that all employees feel respected and treated fairly within the workplace. Definitions of bullying, harassment and discrimination are set out in the Department’s policy [DN: Insert link]. 52. The Civil Service has a zero tolerance approach to bullying, harassment and discrimination and any incidents must be tackled in accordance with departmental policy. 53. Transgender, non-binary and intersex individuals are entitled to the same levels of respect and fairness as others in life and the workplace. People may experience bullying, harassment or discrimination, regardless of how they identify. 54. The Equality Act 2010 offers protection for those who are associated with people with protected characteristics. One of these characteristics is gender reassignment. This makes it unlawful to discriminate against a person due to the gender reassignment of a person they are associated with. Therefore, the parents, carers and guardians of transgender young people, or other people associated with transgender people, have legal protection from discrimination on this basis. 55. Individuals are entitled to their views and beliefs and some may be protected beliefs for the purpose of the Equality Act 2010. However, this does not necessarily mean that they are entitled to express these in a way that causes distress to others in the workplace. This includes discussions and forums that are managed online by the Department. The Department’s Social Media Policy [DN: Departments to add link] also provides guidance on expression of views on social media. Data protection and confidentiality 56. Data protection and confidentiality is vitally important and everyone needs to be aware of their responsibilities. Transgender, non-binary and intersex employees have a right to privacy in respect of their intersex variation(s), transgender and medical status. It is essential that information is only shared where necessary and with the consent of the employee. Consent must be obtained at every point where information needs to be shared. Disclosure without consent can be distressing for the employee concerned and, in some instances, breach the: NVAG 2023-06-26 Overall Policy and Guidance v6 10 DRAFT ● Data Protection Act 2018 (DPA) - Gender history forms part of an individual’s special category data under the DPA and privacy and confidentiality must be maintained. The Department has the responsibility to handle all employee data in line with the DPA. ● Gender Recognition Act 2004 (GRA) - Section 22 makes it a criminal offence for a person in an official capacity to disclose that an individual has applied for or received a GRC without the permission of that individual. Breaching this law can render you personally liable for prosecution. ● Equality Act 2010 - Individuals who are transgender, are perceived to be transgender or are associated with an individual who is transgender are protected under this Act. For individuals who are transgender, this protection begins at the point at which the person proposes to undergo a process (or part of a process) for the purpose of reassigning their sex by changing physiological or other attributes of sex. 57. Where you come into possession of any information on an employee’s gender history you should follow Departmental procedures for security and handling confidential data and any files held in paper form should be securely stored. [DN: Insert link] . Information held electronically, for example, on HR systems, should avoid direct reference to any intersex variation(s) where possible. 58. Employees have the right to privacy in respect of their transgender and medical status. The Department will only share this information where necessary and with employees’ consent. 59. Not all transitioning individuals apply for a GRC. The Department will protect personal information of transitioning employees as if they have a GRC, to ensure privacy is respected in every case. Line manager guidance 60. You should discuss with your employee what support is likely to be needed and how to ensure it is put in place. This should be recorded and stored confidentially so that you and your employee can refer back where necessary. This can be passed on where a manager is absent or the employee has a new manager, but it must not be shared without the employee’s consent. NVAG 2023-06-26 Overall Policy and Guidance v6 11 DRAFT 61. Where unsure or if you feel the need to make exceptions to usual Departmental information management processes to protect the employee’s gender history, you should contact HR for advice [DN: Insert HR contact details] Supporting employees who are transitioning 62. Employees who wish to transition to a different gender may include those whose gender identity and expressions are non-binary and those who are intersex. 63. When an employee you manage tells you about their intention to transition, your first consideration should be to ensure that they are treated with the appropriate respect before, during and after their transition. 64. The transitioning employee is encouraged to speak to you as soon as possible so that a plan for the work-related adjustments/steps to support their transition can be agreed. 65. The employee may have chosen to speak to a different manager, a close colleague or your HR department before raising the subject with you. They may choose to approach you with this person for support. 66. You should: ● remember that every individual’s transitioning journey is unique to them. Do not make assumptions ● ensure that all information shared by the transitioning employee is treated in the strictest confidence and is not shared further without the employee’s consent ● listen to and gain an understanding of any concerns your employee has about their transition, avoiding assumptions ● discuss timescales and any leave requirements ● take account of individual and business needs when dealing with requests for special leave, being mindful of the importance of being supportive of attendance at appointments ● outline the information and support available to the employee NVAG 2023-06-26 Overall Policy and Guidance v6 12 DRAFT ● contact HR [DN: Department to be specific on who in HR to consult e.g. GPG Casework] for advice if unsure of any aspect of the process ● review absence that lasts or is likely to last beyond 13 weeks ● agree a plan with your employee which will be tailored to their transition. The Line Manager’s Checklist provides an outline to ensure that key actions are taken. The employee’s team 67. You should ask your employee how they wish their transition to be communicated to their team. Some people choose to write an email, others discuss it in a meeting; they may ask you to inform the team. Practical issues Changing records 68. You and your employee should agree on a list of records to be changed and decide how best to approach this. 69. To prevent confusion, misgendering or inadvertent early disclosure, no records should be changed before the date of transition. Bear in mind that when HR systems are updated any correspondence sent to a home address will begin to be addressed to the employee under their updated name. 70. Your employee does not need to show a GRC for any changes to be made and you must not ask for one. Building access 71. The transitioning employee should be able to attend work on their first day presenting in their affirmed gender using a pass which reflects their gender expression. In practice, this may mean treating the employee as a new starter who will use a visitor’s pass until a new pass can be issued. This is a short-term measure only and you should arrange for a new pass to be issued as soon as possible. 72. The transitioning employee may need to change their pass more than once through their transition, if, for example, their appearance significantly changes. NVAG 2023-06-26 Overall Policy and Guidance v6 13 DRAFT 73. Employees who identify as non-binary may wish to have more than one building pass to ensure that the picture on their security pass matches their gender expression, which may be flexible. Security clearance 74. [DN: Department to insert process to for making relevant changes for security clearance] IT 75. All IT, such as HR systems, should be updated to reflect the employee’s gender expression from the day they choose to first present in it. To prevent confusion, misgendering or inadvertent early disclosure, no changes should be made before this day. 76. Your employee should agree on the approach to changing their email account with you. They may consider a name change sufficient, or they may wish to have a new account to ensure that the correct name and pronouns are used, and that they are not inadvertently outed. Where a new account is to be arranged, you should consider with the employee how to retain any important work information. 77. You and your employee should take care to consider all systems used which may hold the employee's name to ensure that everything is considered. [DN: Department to add anything specific, e.g. telephone systems with caller ID] Facilities 78. If the employee has a GRC, they are legally entitled to access toilet facilities in their acquired gender. Should other employees object to this, you should explain that using the correct facilities is the individual’s legal right and forms an important part of gender transition. 79. If the employee is transitioning but does not yet have a GRC, you will need to consider the facilities available in accordance with the Workplace (Health, Safety and Welfare) Regulations 1992: ● If your toilet facilities are gender-neutral and in separate and internally lockable rooms, these can be made available to any employee. NVAG 2023-06-26 Overall Policy and Guidance v6 14 DRAFT ● If your toilet facilities are single-sex and self-contained, in separate and individual rooms rather than cubicles, and capable of being secured from inside, the transitioning employee can use those that are the best match for their gender identity. ● If the only such separate and internally lockable facilities are those for disabled employees, you can require a transitioning employee to use these gender-neutral facilities for a reasonable period (which may be as long as the duration of the ‘real life experience’) pending further discussion. However, you must not insist that they continue to use facilities which do not conform to their gender identity. ● In addition, disabled facilities available in the Department’s estate may be used by anyone who prefers to use separate facilities. 80. Your local facilities team can help if you have issues specific to your estate. [DN: add guidance on whether/how to contact local HR team first] 81. Any concerns about facilities usage should be raised in an appropriate manner via line managers or the departmental Dispute Resolution Policy. For support on managing concerns, you should contact [DN: insert Casework or HR support details]. Business wear [DN: Department to remove section if not relevant] 82. Transitioning employees should dress appropriately for their affirmed gender from their first day presenting in that expression. This may form an important part of their transition. 83. The Department’s dress code is available [DN: insert link if applicable] . You may need to exercise some flexibility as individuals whose body shapes are outside of gender norms may find it more difficult to buy work clothes affordably. 84. If your employee is non-binary and wears a uniform, you may need to supply them with both the male and female variants. Pensions and deductions from pay 85. Updates to MyCSP are provided via departmental HR systems. [DN: Department to amend if operating a different approach] 86. MyCSP has advisors that can provide specialist advice to transitioning employees. Supporting intersex employees NVAG 2023-06-26 Overall Policy and Guidance v6 15 DRAFT 87. It is for the employee to decide if and when they need to, or would like to, disclose their intersex variation(s) to you, as their line manager. They may decide to share only the information that is directly relevant to day-to-day work, or may wish to give a fuller picture of the impact of their intersex variation(s). 88. Speaking about intersex variations can be difficult, so it is important that you create an environment which promotes respect and openness, so that your employee can feel comfortable discussing sensitive issues. 89. You should familiarise yourself with the appropriate language and terminology to use when having discussions with an intersex colleague. 90. The majority of intersex individuals are not transgender. While some of the issues faced can be common to both, individual and collective life experiences are not. 91. Intersex individuals may have an appearance that doesn’t fully match societal assumptions of their gender. This could be due to height, facial or body hair, pitch of voice or other characteristics. 92. If an intersex individual does decide to transition, this can involve steps such as changing their name, the way they dress for work and, in many instances, medical intervention. Diagnosis and medical intervention 93. Some intersex variations are identified at birth. In some circumstances babies may undergo surgery to produce a binary sex – male or female. 94. Those operated on at birth to produce a binary sex may not be informed of this surgery as they get older, so it may come to light during adulthood. 95. Alternatively, intersex variations not identified at birth may be first discovered later in life, for example, during puberty or when planning a family. 96. People with intersex variations may need medical interventions throughout their lives including investigations, hormone therapy and surgery. Colleagues 97. An intersex employee may choose to disclose their intersex variation(s) to colleagues. Where they do, colleagues must treat the information confidentially. NVAG 2023-06-26 Overall Policy and Guidance v6 16 DRAFT 98. The amount of information disclosed, if any, is decided by the employee. While it may be appropriate to ask broad questions about intersex variations, their history and impact, colleagues should be careful not to stray into intrusiveness by asking for specific details of a variation. Business dress 99. The Department’s dress code is available [DN: Insert link if applicable] . Flexibility may need to be given as intersex individuals may have body shapes outside of gender norms and may find it more difficult to buy affordable work clothes. [DN: Remove section if not relevant] Supporting parents, carers and guardians of transgender, non-binary and intersex young people 100. The Civil Service aims to be a supportive employer to parents, carers and guardians. There may be extra considerations where an employee has a dependant who is a transgender, non-binary or intersex young person including how much information to share with their colleagues and whether or not to do so. 101. There may be other types of leave available to support employees who need additional time off. See the Special Leave guidance for further information including dealing with crises and time off [DN: Insert link to Special Leave policy] 102. Transgender young people may wish to use names and pronouns appropriate for the gender with which they identify. You should take care to respect this in conversations with parents, carers and guardians. 103. You should be aware of some specific forms of inappropriate behaviour and comments relevant to parents, carers and guardians of transgender, non-binary and intersex young people. These include but aren’t limited to: ● Outing - revealing information wider than the immediate team, when it was expressly stated that the employee’s wish was for only the immediate team to be made aware ● Unwelcome opinions - colleagues gossiping and giving their personal opinion on young people transitioning, or on any perceived parental influence on this NVAG 2023-06-26 Overall Policy and Guidance v6 17 DRAFT ● Misgendering -– inappropriately using language such as using a pronoun or form of address, which does not correctly reflect the young person’s gender identity. Wellbeing 104. Individuals who are intersex or choose to transition can face challenges to their physical and mental wellbeing for many different reasons, including: ● distress caused by gender dysphoria ● negative reactions from family, friends, colleagues and the general public ● health concerns unrelated to gender identity. 105. Research shows that transgender individuals are at a higher risk than the general population of self-harm and suicide as a result of the above. 106. You should also be alert to signs of stress. Information on stress, its causes and ways to manage it can be found in the Health and Wellbeing Guidance [DN: Department to insert link] 107. As with all employees, the Department has a duty of care to consider whether individuals may need more in depth, specialist support and advice. It is best practice to recommend that individuals speak to their GP or other medical professional if in any doubt. 108. Transgender and non-binary individuals will often have hormone therapy to align secondary sexual characteristics such as body hair to their gender identity. Intersex people may have hormone therapy to provide vital hormones that their body doesn’t produce. This is usually a lifelong treatment and dosages may need to be adjusted over time. Symptoms of hormone imbalances may occur. These vary greatly and could include symptoms such as joint stiffness and/or reduced concentration. 109. It may be appropriate to complete a Workplace Adjustment Passport for the employee to support a conversation about any workplace adjustments that may support them during this time. 110. You should bear in mind that no specific point in a gender transition journey, or in managing intersex variations, necessarily represents an ending. NVAG 2023-06-26 Overall Policy and Guidance v6 18 DRAFT Workplace adjustments 111. Workplace adjustments remove barriers or a disadvantage. This can be a change to policy, working arrangements or the equipment provided to do a job. Workplace adjustments can be helpful for recording any temporary or permanent changes made to accommodate gender transition or intersex variations. 112. In some instances, it may be helpful to seek medical evidence and/or Occupational Health advice to consider whether adjustments could add value. Any referral to Occupational Health requires the employee’s consent. As with other workplace adjustments, individuals usually do not need to show evidence that adjustments are required. 113. You and the employee should agree on what additional support, if any, will be helpful. It may be that an employee knows exactly what, if anything, they need to remove any barriers at work. In other instances, an employee may experience distress on discovering a variation they were unaware of, or during their gender transition. They may feel that they could benefit from adjustments to their workload or targets while they come to terms with the impact and should discuss this with you. 114. It may be appropriate to complete a Workplace Adjustment Passport for the employee, for example, to support a conversation about any workplace adjustments that may help them. Employees should refer to the Workplace Adjustments guidance before completing a Passport. 115. It is recommended that workplace adjustments are recorded on a Workplace Adjustment Passport and neutral language should be used. This should focus on the support needed rather than the reason for it, to make it easier to pass on to any future managers without compromising confidentiality. 116. Workplace Adjustment Passports should always be stored securely, particularly where they may contain information relating to gender transition; you may decide to keep a hard copy in a sealed envelope, rather than electronically. You may also consider password protection or some other means of secure electronic storage. Not storing the Workplace Adjustment Passport securely could lead to an unlawful disclosure of the employee's gender history. Moving roles NVAG 2023-06-26 Overall Policy and Guidance v6 19 DRAFT 117. Some employees wish to move to a new role when they begin to present in their affirmed gender. You should support this where practical; moves may be temporary or permanent. 118. No assumptions should be made about an employee’s wishes when beginning to present in their affirmed gender. Any change of role should be at the request of the individual. Employee guidance 119. If you are intersex, you can decide if and when you need to, or would like to, disclose your intersex variation(s) to your line manager. You may decide to share only the information that is directly relevant to day-to-day work, or may wish to give a fuller picture of the impact of your intersex variation(s). This will enable you to discuss any support needed with your line manager. 120. If you have made the decision to transition, you should speak to your line manager as early as possible to allow time to plan so they can: ● agree a process which seeks to meet your and your employer’s requirements ● put the right support in place for you ● take full account of your right to confidentiality ● ensure you are treated with dignity and respect and tackle bullying, harassment and discrimination promptly, should incidents arise. 121. If you would find it difficult to speak to your line manager, you should approach a manager you feel comfortable to have an initial conversation with, a close colleague who could support you in communicating with your manager, or your HR department. [DN: Department to amend as relevant, e.g. to include reference to HR contact or trans lead] 122. To qualify for the protected characteristic of gender reassignment under the Equality Act, you do not need to have obtained, applied for, or intend to apply for a GRC. 123. For your manager and department to be able to to support your transitioning at work and put in place adjustments to help you, you need to demonstrate your proposal to start or continue the transitioning process by: NVAG 2023-06-26 Overall Policy and Guidance v6 20