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Transgender Employment Policy

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Transgender Employment Policy Protective Marking Level: Not protectively marked

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Transgender Employment Policy

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Section A - Policy Detail A.1

Transgender Employment

A.1.1

Introduction The legal basis for this policy is the Sex Discrimination (Gender Reassignment) Regulations 1999 and the Gender Recognition Bill 2003. It is certified as being compliant with the Human Rights Act 1998. The City of London Police is fully committed to employing a diverse workforce fully representative of the community it serves. The CoLP wishes to further its commitment to diversity and will support serving police officers and members of support staff who wish to undertake gender reassignment.

A.1.2

Policy It is the policy of the City of London Police not to discourage the employment of transgender police officers and support staff. Support will be given to any serving member of staff who is or wishes to undergo gender reassignment. The Gender Recognition Act allows people who have lived in their preferred gender for at least two years to apply for a Gender Recognition Certificate (GRC), and if in possession of a UK birth certificate a new birth certificate . A person granted a GRC will assume all of the legal entitlements of a person of the same birth sex. It should be noted that in order to obtain a GRC an individual does not have to have undergone any gender reassignment surgery – although in most cases surgery would have taken place to reassign a person’s sex to the physiological characteristics of their preferred gender. Transgender members of staff who are in the process of undergoing gender reassignment will carry out Section 1 searches; they cannot carry out Section 54 or 55 searches in compliance with PACE until they have obtained their Gender recognition certificate and therefore able to change their birth gender. Transgender police officers and support staff in certain roles will be issued with Search Exemption Certificates if appropriate, which must be carried whilst on duty.

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Transgender Employment Policy

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Section B - Supporting Information B.1

Current Procedure

B.1.1

Is this a revision of a current policy? This is a revision of the Employment of Transgender Staff policy approved 9.12.05

B.1.2

If ‘No’ to above, how is this policy area currently managed? Not Applicable

B.2

Requirement for Policy

B.2.1

Need The policy will ensure all staff have up to date infromation on legislation relating to transgender people and have information to hand which will allow them to consider the needs of any transgender member of staff sensitively.

B.2.2

Benefits The application of the policy will contribute to the City of London Strategy to recruit and retain staff and develop a representative workforce.

B.2.3

Risks If this policy was not in place members of staff will not have a reference point in which to gain further understanding around the employment of transgender staff and may therefore act inappropriately.

B.2.4

Resource & Training Implications None

B.3

Related Documents The Gender Recognition Act 2004 – Guidance for Police Officers and Staff(ACPO document) Standard Operating procedure – Employment of transgender staff PACE

B.4

Attached Standard Operating Procedures SOP – Employment of Transgender Staff

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Transgender Employment Policy

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Section C - Equality Impact Assessment THE EQUALITY IMPACT ASSESSMENT IS THE RESPONSIBILITY OF THE POLICY DEVELOPER. THE RACE & DIVERSITY UNIT WILL HELP TO COORDINATE THE CONSULTATION PROCESS BUT ARE NOT RESPONSIBLE FOR COMPLETION OF THIS PART OF THE TEMPLATE.

C.1

Aims and Affects of the Policy

C.1.1

What are the aims and projected outcomes of this Policy? The aim of the policy is to highlight the issues concerning the management and supervision of transgender members of staff within the City of London Police. It is focused on providing guidance to support transgendered police officers and support staff.

C.1.2

Which individuals and organisations are likely to have an interest in or are likely to be affected by the Policy? The policy applies to any police officer or member of support staff who has, is or intends to undertake permanent gender reassignment.

C.1.3

How does this policy support or impact on the Force's commitment to Citizen Focus? The policy supports the commitment the City of London Police are making to develop a workforce that represents the community it serves.

C.2

Considering the Evidence

C.2.1

What relevant quantitative and qualitative data has been considered? C.2.1.1

AGE

The Force has the ability to monitor data relating to age and transgender. C.2.1.2

DISABILITY

The Force has the ability to monitor data relating to disability and transgender. C.2.1.3

GENDER

The Force has the ability to monitor data relating to transgender. C.2.1.4

RACE

The Force has the ability to monitor data relating to race and transgender. C.2.1.5

RELIGION / BELIEF

The Force has the ability to monitor data relating to religion / belief and transgender. C.2.1.6

SEXUAL ORIENTATION

The Force has the ability to monitor data relating to sexual orientation and transgender.

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Transgender Employment Policy

C.2.2

NOT PROTECTIVELY MARKED – POLICY What gaps in data / information were identified? Staff have the option to voluntarily provide information relating to whether they consider themselves transgender. If this was declared it could be monitored alongside other areas of diversity. It must be recognised however that once an individual has obtained a Gender Recognition Certificate they would be seen and monitored as male or female.

C.2.3

What consideration has been given to commissioning research? The number of individuals that this policy is likely to effect is quite small. The Force continues to seek any areas of good practice in which to update this policy but no consideration has been given to commissioning any further research at this time.

C.3

Assess likely impact

C.3.1

From the analysis of data and information has any potential for differential / adverse impact been identified? C.3.1.1

AGE

No C.3.1.2

DISABILITY

Any person undergoing gender reassignment is likely to be on medication and have to undergo a number of operations. Although this isn’t disability related as such, recovery from surgery, as with any other type of surgery, may temporarily affect an individual’s ability to perform all aspects of their role. The Force Occupational Health Department will be bale to assist with this through the usual referral process. C.3.1.3

GENDER

There is likely to be an impact relating to gender which will be dependant on the stage of gender reassignment an individual joins the organisation. C.3.1.4

RACE

It is unlikely that this policy will have a direct impact in relation to race although some cultures may not be supportive towards transgender individuals and this could have an impact on the way an individual is treated and something that should be considered. C.3.1.5

RELIGION / BELIEF

It is unlikely that this policy will have a direct impact in relation to religion or belief, although some followers of certain religions or beliefs may not be supportive towards transgender individuals and this could have an impact on the way an individual is treated and something that should be considered. C.3.1.6

SEXUAL ORIENTATION

This policy is unlikely to have a direct impact on sexual orientation. In the past however transgender has been linked with sexual orientation and peoples knowledge may be limited. Transgender is however a gender issue and in the same way there are men and women who are gay there will be transgender people who are gay or lesbian. -5-

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Transgender Employment Policy

C.3.2

NOT PROTECTIVELY MARKED – POLICY If yes, explain any impact that is intentional to specifically address the needs of a particular group and why it is justifiable in order to achieve the overall aims of the Policy. Provide examples No impact is intentional

C.3.3

Are there any other factors that might help to explain differential / adverse impact? A factor which may explain differential impact could be peoples knowledge around transgender issues.

C.4

Consider alternatives

C.4.1

Summarise what changes have been made to the Policy to remove or reduce the potential for differential / adverse impact The policy and SOP provides guidance to all staff on how the force will support individuals who have, or intend to undertake permanent gender reassignment.

C.4.2

Summarise any changes to the Policy to remove or reduce the potential for differential / adverse impact that were considered but not implemented, and explain this decision None considered but not implemented

C.4.3

If potential for differential / adverse impact remains, explain why implementation is justifiable in order to meet the wider Policy aims The policy is in place to mitigate any impact by providing guidance to all staff.

C.5

Consult formally

C.5.1

Has the Policy been subject to consultation? Yes C.5.1.1

If no, please state why not?

Not Applicable C.5.1.2 If yes, state which individuals (roles, not names) and organisations were consulted, what form the consultation took and the results of that consultation When the policy was first developed several police forces met regularly to discuss a number of the issues which would be generic for each force. Membership of the group included transgender police officers and support staff from other police forces. Support groups for transgender people were also consulted as to their thoughts on the policy and SOP. Since the development of the original policy there has been some change in legislation relating to the Gender Recognition Act. Further consultation with the reviewed policy will take place with members of our Independent Advisory who have in depth knowledge of transgenderism and the associated legislation. -6-

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Transgender Employment Policy

NOT PROTECTIVELY MARKED – POLICY C.5.1.3

AGE

No additional comments were given at the recent stage of consultation C.5.1.4

DISABILITY

No additional comments were given at the recent stage of consultation C.5.1.5

GENDER

No additional comments were given at the recent stage of consultation C.5.1.6

RACE

No additional comments were given at the recent stage of consultation C.5.1.7

RELIGION / BELIEF

No additional comments were given at the recent stage of consultation C.5.1.8

SEXUAL ORIENTATION

No additional comments were given at the recent stage of consultation

C.5.2

Has the Policy been reviewed and / or amended in light of the outcomes of consultation? No further amendments have been made at this time.

C.5.3

Have the results of the consultation been fed back to the consultees? As no further amendments were made at this time there was no requirement to feedback consultation results.

C.6

Summary of EIA and consultation process

C.6.1

Provide a statement outlining the findings of the Impact Assessment process. The impact assessment highlighted that there may be limited understanding around transgender within some communities which could inturn impact on the trans individual. However the policy will provide guidance to staff around trans issues which in turn should assist the treatment of any transgender employee within the City of London Police.

C.6.2

If the Policy has been identified as having a possibility to adversely impact upon diverse communities, outline the justification for the implementation of it This policy in fact provides guidance and assistance to any member of staff wishing to undergo gender reassignment or any supervisor or line manager managing a member of staff who is under going gender reassignment.

C.7

Diversity Team Response The policy is in place to provide guidance and assistance to staff, supervisors and managers around supporting anyone wishing to undertake gender reassignment or joining the force having already undergone gender reassignment.

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Transgender Employment Policy

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Section D - Human Rights Review D.1

Data Used to Assess this Policy Consultation Best Practice from other Police Forces Sex Discrimination (Gender Reassignment) Regulations 1999

D.2

Who is Policy Aimed At? Transgender people employed by the CoLP, and their line managers.

D.3

Which Human Rights are Protected? Article 2 – Right to Life Article 3 – Prohibition of torture, inhuman or degrading treatment Article 8 – Right to respect for private and family life Article 9 – Freedom of thought, conscience and religion Article 14 – Freedom from discrimination

D.4

Who is Affected? All

D.5

Which Human Rights are Affected? Article 2 – Right to Life There is a positive obligation upon the Force to respond effectively to protect the right of all staff to make life choices. Article 3 – Prohibition of torture, inhuman or degrading treatment Inappropriate or unfair treatment of staff may in itself be inhuman and degrading. Article 8 – Right to respect for private and family life Managers should be aware of the sensitive nature of an individual’s gender identity and respond to their needs in the work place. Article 9 – Freedom of thought, conscience and religion People need to be aware how individuality should be valued and respected. Article 14 – Prohibition of discrimination In the application of this policy the Force will not discriminate against any person regardless of sexual identity, disability, gender, race, colour, language, religion, political, or other opinion, national or social origin, association with national minority, property, birth, or their status as defined under article 14, ECHR.

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Transgender Employment Policy

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D.6

Interference with Human Rights

D.6.1

Is Interference Legal? Yes,the policy ensures the relevant Human rights are considered but not breached

D.6.2

Is Interference Necessary? This area just highlights the human rights that need to be considered and use of the policy should ensure they are not breached.

D.6.3

Legitimate Aims being Pursued The aim is to ensure human rights are not breached, the policy acknowledges the Human rights that could be affected and ensures they are considered.

D.6.4

Is Interference Proportionate? Yes people using this policy need to ensure consideration is given to the Human Rights that could be affected.

D.6.5

Is there a Breach or Is Policy Vulnerable to Challenge? No providing the policy is followed. If you consider that there is a breach of a Convention right or that the policy is vulnerable to challenge, seek advice from the Policy Unit.

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Transgender Employment Policy