A Guide to Trans and Non-Binary People in the Workplace: How HR Can Help Support

There’s no denying that attitudes towards the LGBT+ community in British society have improved massively over the last few decades. It wasn’t so long ago, back in the 1950s (within living memory) that you could be arrested for living in your own sexuality or gender identity.

Whilst huge strides forward have been made, many more marginalised members of the LGBT+ community still face violence, intimidation and harassment at work. In particular, trans and non-binary people.

In this blog we’ll explore some of the key things that HR needs to know when it comes to supporting trans and non-binary employees and look at some important measures you can take to improve inclusivity in your own workplace and practice.

What does it mean to be trans?

‘Trans’ is a shortened form of the word ‘Transgender’. It refers to someone whose gender identity differs from the one that they were given when they were born. For some, the gender that they were given at birth doesn’t match the gender that they feel they truly are.

For example, someone could have been born as a woman but really identify as a man.

A trans man is someone who was assigned female at birth but who identifies as a man. A trans women is someone who was assigned male at birth but identifies as a woman.

In the western world, some of the earliest recorded examples of people who may have been trans or non-binary, include male Roman priests called The Galli, who lived over 2,200 years ago in 230BCE. They worshipped the Goddess Cybele and lived their entire lives as women, wearing female clothes, jewellery and transitioning from living as men to living as women. The cult around Cybele stretched across the whole of the Mediterranean – from Greece and Italy through to Mespotaemia (modern day Iraq and Iran). 

Fast forward over 2,000 years and the trans community is still here. 

Trans, non-binary and gender non-conforming people have always been present in society. Whether it’s rising to prominence in it, like Alan L. Hart (Born 1890, died 1962) who pioneered the use of X-rays to diagnose tuberculosis (TB) – a major disease that killed millions worldwide, or living in relevant obscurity during their lifetime, like influential gender non-conforming activists, Marsha P. Johnson and Sylvia Riveria, the ‘T +’ spectrum of the LGBT+ community has always existed in society and always will.

What does it mean to be non-binary?

Gender is traditionally categorised as a binary – as a choice between one of two things, in this case, the gender categories of either male or female. Most trans people will identify on this binary, as either a trans man or a trans woman.

This isn’t necessarily the case for someone who is non-binary however.

Like trans people, non-binary people are ‘gender non-conforming’ –  people who feel that their gender identity differs from what they were assigned at birth and who feel that gender identity isn’t something fixed permanently.

However, non-binary is a completely different category of gender identity altogether.

For non-binary people, gender is fluid and exists on a spectrum rather than a binary. They might think that arbitrary categories like male and female don’t really describe their true gender identity. As a result, non-binary people may mix different elements of being male and different elements of being female. They may not even identify with a gender at all.

Current issues affecting trans and non binary people in work and society

Although legal protections exist for people undergoing, proposing to undergo, or who have undergone gender reassignment under the Equality Act 2010, trans and non-binary people continue to face challenges in the workplace and wider society.

Trade union research and evidence from workers indicate that discrimination, harassment, exclusion and barriers to participation remain significant concerns.

Discrimination, victimisation and harassment

Discrimination and harassment continue to affect many trans and non-binary workers. GMB reports that trans and non-binary members regularly experience harassment related to their gender identity, including colleagues deliberately using incorrect names or pronouns and refusing to acknowledge their identity.

This kind of behaviour not only creates an intimidating and hostile work environment, it also negatively impact employee wellbeing and job satisfaction.

Additionally, a survey of LGBT+ workers by TUC revealed that nearly eight in ten (79%) trans respondents reported experiencing at least one form of bullying, harassment or discrimination at work within the last five years.

Lack of understanding and awareness

A lack of understanding about gender identity directly contributes to exclusion in the workplace.

Trans and non-binary employees are likely to encounter managers or colleagues who are unfamiliar with appropriate terminology, pronouns or the practical support that's required during a workplace transition.

GMB highlights the importance of language and respect in the workplace, noting that consistently using a person's correct name and pronouns is a basic but important way of creating an inclusive environment.

Without adequate awareness and training, misunderstandings can lead to employees feeling isolated, unsupported or reluctant to be open about their identity at work.

Workplace culture and visibility

Many trans workers continue to carefully manage who they disclose their identity to at work. TUC research found that around 45% of trans workers selectively disclose that they are trans to some colleagues but not others, suggesting that many do not feel fully confident that their workplace is a safe environment in which to be open.

The absence of visible LGBT+ role models can also contribute to feelings of isolation. GMB cites research showing that 70% of LGBT+ professionals do not have a senior LGBT+ leader in their workplace whom they can look up to, with the figure even higher in some industries.

Uniforms, dress codes and gender expression

Dress codes and workplace uniform policies can create challenges for trans and non-binary employees where expectations are based on traditional gender norms.

GMB reports that almost one-third of non-binary people and one in five trans people do not feel able to wear work clothing that reflects their gender expression.

Some workers report being prevented from wearing the uniform that best aligns with their gender identity, while others feel pressured to conform to gendered expectations regarding clothing or appearance.

Inclusive and flexible dress code policies can help ensure that employees are able to express their identity comfortably while maintaining professional standards.

Sexual harassment and safety

Research cited by GMB highlights concerns around workplace safety for LGBT+ workers. The same TUC report stated that trans women are particularly likely to experience sexual harassment and assault at work compared with many other groups of workers.

These findings demonstrate the importance of robust reporting procedures, effective policies and workplace cultures that do not tolerate harassment or abuse.

Creating inclusive workplaces

Employers can help create safer and more inclusive workplaces by implementing clear equality policies, challenging discriminatory behaviour, providing training on gender identity and inclusion, and ensuring that trans and non-binary employees have access to appropriate support.

Creating an environment where all workers are treated with dignity and respect benefits not only trans and non-binary employees but the wider workforce as a whole.

How can HR support trans and non-binary employees in the workplace?

How an organisation chooses to support trans and non-binary employees will depend on its size, sector and workforce.

However, company non-negotiables will always be to foster an inclusive culture, understand legal responsibilities and listen and act on employees' experiences.

We explore some of the key areas HR professionals should consider when building a supportive and inclusive workplace.

1. Develop an understanding of the issues

Creating an inclusive workplace starts with understanding the experiences of trans and non-binary employees.

While awareness of gender diversity has increased in recent years, many HR professionals and managers may still feel unsure about some of the terminology and issues involved. That's perfectly normal. What matters is a willingness to learn, listen and approach the topic with respect.

Trans and non-binary employees may face challenges that differ from those experienced by other members of the workforce. These can include:

• discrimination,
• harassment,
• concerns about privacy,
• barriers to career progression, or 
• anxiety about being open about their identity at work

Understanding these experiences is an important first step towards providing meaningful support.

One of the most effective ways to gain insight into the needs of employees is simply to listen. Engaging directly with staff can help employers identify barriers, understand concerns and develop policies that reflect the realities of the workplace rather than assumptions.

Useful ways of gathering feedback include:

• One-to-one conversations
• Employee networks and staff forums
• Focus groups
• Anonymous employee surveys
• Listening sessions and workshops

By taking the time to understand employees' experiences, organisations can build trust, strengthen workplace relationships and ensure that support measures are informed by the needs of the people they're designed to help.

2. Know the legislation

HR professionals should both have an understanding of the legal protections available to trans employees, while making sure these protections are reflected in workplace legislation and guidance.

The Equality Act 2010 protects people who have the protected characteristic of gender reassignment. According to the Equality and Human Rights Commission (EHRC), this protection applies to individuals who are proposing to undergo, are undergoing, or have undergone a process of reassigning their sex.

Medical treatment or surgery is not required for an individual to receive this protection.

The Act protects employees from discrimination, harassment and victimisation in areas including:

• Recruitment and selection
• Employment terms and conditions
• Pay and benefits
• Training and development
• Promotion and career progression
• Redundancy processes
• Dismissal

In addition to equality law, employers should be mindful of their responsibilities regarding confidentiality and data protection. Information relating to an employee's gender identity, trans status or transition history should be handled sensitively and only shared where appropriate and lawful to do so.

As legal guidance and workplace practice continue to evolve, HR professionals should regularly review policies, ensuring they are best supporting the entirety of their workforce.

3. Pay attention to names and pronouns

Using an employee's correct name and pronouns is a simple but important way of showing respect and fostering an inclusive workplace culture.

For many trans and non-binary people, names and pronouns are an important part of how they express and communicate their identity. Consistently using the correct language can help employees feel recognised, valued and included within their team.

Mistakes can happen, particularly when someone has recently changed their name or pronouns. When they do, however, acknowledge the mistake and correct it.

Organisations can support inclusive communication by ensuring employee records are updated promptly, encouraging respectful workplace behaviour and providing guidance to managers where needed.

Where appropriate, employees may choose to share their pronouns through introductions, email signatures, online profiles or other workplace systems. Creating an environment where people feel comfortable expressing their identity can help foster a culture of inclusion while allowing individuals to decide what information they wish to share.

Names and pronouns aren't just small details, and consistently getting them right can make a significant difference to an employee's experience at work.

4. Fight stigmatism through education and training

Training and dedicated learning is probably one of the strongest tools you have at your disposal to build a supportive workplace for trans, non-binary and gender non-conforming people.

Education allows us to develop an awareness of other points of views and the experiences of others, outside of our own. This can improve empathy and help us to treat others with more respect.

As a result, through investing in training that covers common sexuality and gender identity, you’ll be able to address misconceptions, fight stigmatisation and drive real cultural change in your workplace.

LGBT+ charities and trans organisations offer dedicated training programmes that employers can use in the workplace. Using one of these courses can take the pressure off of your L&D team slightly when it comes to creating a training that works.

Stonewall, for example, one of the UK’s largest LGBT+ charities, offers a range of workshops, leadership programmes to develop the potential of LGBT+ employees and advice to help improve inclusivity at your organisation.

Improve your workplace culture by improving your skills

As you’ve probably gathered from reading this blog, one of the best ways that you can make your workplace supportive for trans and non-binary employees is through investing in dedicated training. That training takes two forms: collective and individual. Finding a balance between the two is essential when it comes to building a culture of support and inclusiveness in your organisation.

We hope this blog has given you some starting ideas about how HR can help support trans and non binary people in your workplace.

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