Employment terms and policy – transgender people

Report: 09
Date: 5 June 2003
By: Commissioner

Summary

In supporting the MPS to attract and recruit staff that reflect the diverse community which we serve, the MPS has introduced a policy that aims to recruit and retain transgender police officers and civil staff.

A. Recommendations

That members note the contents of this report.

B. Supporting information

Introduction

1. There are a small number of people in the United Kingdom who are convinced that their birth gender does not match their gender identity. This conviction is a recognised medical condition known as gender dysphoria. It is estimated one man in every 12,000 feels he is a woman. The proportion of women who feel they are men is smaller. The law and medical profession allow men and women to undertake gender reassignment.

2. There are a number of stages involved in the transition process; namely:

• Social changes – assume new name and gender, inform family and friends, live and work in the chosen gender role. This is known as the “real-life” test.
• Hormonal and other treatments – following psychiatric assessment, provision of cross-gender hormone prescriptions and possibly cosmetic means to aid appearance in the acquired gender.
• Surgical gender re-assignment – Surgery is not usually performed until the transsexual person has spent at least two years living successfully in the "real-life” test.

Legislation

3. The Sex Discrimination (Gender Reassignment) Regulations 1999 amended the Sex Discrimination Act 1975 to protect transsexual people against discrimination in employment and vocational training.

The MPS policy

4. The MPS’s policy on the employment of transsexual people is supported by the Service’s Equal Opportunities Policy. The new policy became effective from 26 March 2003.

5. New procedures have recently been developed in order to provide an action framework of policy, practical advice and support and confidence to all staff who may become involved in gender reassignment issues. The policy deals with all aspects of an individual’s transition to their new assumed gender and applies to serving police officers and members of civil staff who undergo gender reassignment as well as people being recruited as police officers or members of civil staff. An outline of the policy and the supporting guidelines is attached at Appendix 1.

PACE Considerations

6. There are three relevant police powers in relation to searching:

• The power to stop and search is under the s1 Police and Criminal Evidence Act 1984 (PACE). Code A paragraph 3.5 of the Codes of Practice requires that any search involving more than the removal of outer clothing must be by an officer of the same sex and must not without the consent be in the presence of an officer of the opposite sex.
• Searches of a detained person at a police station as part of the logging in process under s.54 PACE or as part of a strip search must not involve an intimate search but must be conducted by a constable of the same sex.
• Under s.55 PACE persons of the opposite sex may not carry out intimate searches.
• There is also a requirement in Code A para 3.1 that every reasonable effort must be made to reduce to a minimum the embarrassment that a person being searched may experience.

The legal position of searching

7. The position of trans people not being permitted to legally change their birth gender identity (i.e. birth certificate) under British Law, gives the police some specific difficulties, in particular relating to searching. This is because PACE states that searches that go further than the outer clothing (Section 54 & 55) must be conducted by a person of the same sex. In effect this means that trans men cannot carry out searches or observe these searches on men, as they are legally of the opposite sex. Also they cannot carry out these searches on women, as this would be socially unacceptable.

8. Conversely, trans women cannot carry out or observe section 54 or 55 searches on women, as they are legally of the opposite sex. Also they cannot carry out these searches on men, as this would be socially unacceptable. All transsexual officers will be able to carry out Section 1 searches.

9. It has been decided that an officer will be required to carry a Search Exemption Card at all times, signed by a senior officer.

10. The Government are aware of the issues surrounding the restrictions of individuals changing their birth certificate to their assumed gender. They have announced its intention to allow individuals to alter their birth certificates and hope to put out a White Paper before the end of the present session of Parliament. They also have a series of steps being taken to further the Government’s strategy concerning transsexual people.

11. There are a number of cases through the European Court of Human Rights which are having impact of these considerations, two such cases, Goodwin v UK and I v UK, relate to a persons right for private life and the right to marry. The Government lost two cases at the European Court in July regarding changes relating to marriage.

Recruitment

12. There is no bar to a transsexual person being recruited into the MPS as a police officer subject to their giving consent to disclosure of their transsexuality and carrying a search exemption certificate.

Selection

13. The matter of gender status should not form part of any interview, or in any other way influence the outcome of the recruitment process.

C. Equality and diversity implications

The introduction of this policy further develops our commitment to reflecting a diverse community and meeting staff’s individual needs as an Equal Opportunities Employer.

D. Financial implications

None

E. Background papers

• Employment and Terms of Employment of Transsexual People

F. Contact details

Report author: Michael Shurety, Director of HR Services, MPS

For more information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

Appendix 1

Metropolitan police service policy on employment of transsexuals

Policy Statement

The Metropolitan Police Service is committed to the recruitment and retention of a diverse workforce that reflects the community of London.

The policy for the Employment and Terms of Employment of Transsexual Staff proactively supports the Policy and Workforce strands of The People Strategy by encouraging and supporting members of the transsexual community to join the Metropolitan Police Service. The organisation is committed to a culture in which all individuals can work without fear of harassment and prejudice from colleagues or members of the public.

Serving members of staff who elect to undergo gender reassignment and individuals who join the organisation who either have, or intend, to undergo reassignment will have access to the full range of opportunities available to members of staff subject to the legal restrictions around searching, imposed under The Police and Criminal Evidence Act (PACE).

The policy will be subject to review in line with all changes of legislation.

Policy Guidance Notes.

1. Introduction

These guidance notes support the Metropolitan Police Service Policy on the Employment and Terms of Employment of Transsexual People.

These are new procedures, which are intended to provide an action framework, to support and give confidence to all staff involved with gender reassignment issues.

2. Application

These procedures will take effect from 26 March 2003.

The procedures will apply to managers of police or civil staff who undergo gender reassignment and people being recruited as police officers or members of civil staff. These procedures give specific responsibilities to OCU Commanders, Personnel Managers, Line managers and members of recruitment teams. All members of staff should be aware of these procedures.

These guidance notes detail the actions that must be considered and/or undertaken when members of staff or people within the recruitment process identify themselves as undergoing or wishing to undergo gender reassignment.

3. Serving Metropolitan Police Staff

Action by line manager

If approached by a member of staff who states their intention to undertake gender reassignment or who is considering it, managers should read the Lord Chancellor’s Guidance and the Searching guidelines and should refer to their Personnel Manager for advice.

The line manager should refer the individual to the Personnel Manager whilst continuing to give support to the member of staff.

Risk Assessment

The Line Manager should discuss with the Personnel Manager the need for a risk assessment and if appropriate undertake it.

3.2 Action between Personnel Manager and Individual

The Personnel Manager should arrange to meet with the individual to discuss the arrangements and to ascertain the wishes of the individual. It is advisable to contact the HR Policy Unit for advice.

Issues for discussion

Timescales

The action framework outlined here will be dependant on the individual’s timetable of personal events around the transgender process and this must guide managers.

The Personnel Manager should discuss with the individual when they wish the formal change to take place.

It is not the intention of the MPS to impose any conditions about this because every individual will have a unique treatment plan with varying levels of treatment and surgery. Medical intervention is also affected by whether the person is being treated on the NHS or is having some or all treatment privately. Further information is available from the HR Policy Department Unit.

It is however reasonable to ask the individual for a realistic lead in time although this may not be possible (for instance surgery may be booked). If there is an option explain that adequate preparation may make the process easier.

Formal Notification of intention to undergo gender reassignment

The Personnel Manager will ask the individual to complete the Declaration proforma formally notifying the organisation of their intentions.

Change of location

It should be ascertained whether the individual would like to remain in their current post / location or whether they would prefer to move. This decision rests with the individual and no pressure should be placed on them one way or another. For members of civil staff, especially those in specialist posts there may not be scope to move them, but each case should be dealt with on an individual basis.

Use of facilities

If the individual chooses to stay at their current location, part of the negotiation process will be to agree the point at which they change their use of facilities such as changing rooms and toilets. An appropriate marker for using the facilities of the employee’s ‘new’ gender is likely to be the change of social gender.

It is not acceptable to insist for the long term, on a transsexual employee using separate facilities, for example a disabled toilet, although this may be a short-term option during the early stages of reassignment, provided that the individual concerned is happy with this situation.

Notification of work colleagues

There is no general need or obligation to inform colleagues that an employee is undergoing gender reassignment. Such information is necessary only where the relationship with someone who knew the person prior to the change of status is to continue. The Personnel Manager should discuss with the individual how widely they wish their decision to be made known. As a minimum the team/unit/office will need to be told. It is advisable to do this in a structured way, informing them of the issues and taking the opportunity to educate relevant staff. Staff will need to be informed of their duties to respect the individual and to treat them with dignity.

The individual may wish to take part in the notification, for instance by personal explanation or by letter, or they may wish this to be done by others. Their wishes should be respected.

Press statement for unexpected media interest

The personnel manager should discuss with the individual how they would like unexpected press attention dealt with and then liase with Directorate of Public Affairs.

Attendance management

The Personnel Manager must ensure that the individual is aware of the implications of the Attendance Management Policy and for police officers, Regulation 46. The MPS pays full pay for a period of up to 183 days, followed by 183 days at half pay, and then pay ceases altogether (except where discretion under Regulation 46 applies). It is therefore likely that an individual requiring extensive surgery will go on to reduced pay. It is also possible for this to have implications on career development moves and promotion opportunities.

Support services

The Personnel Manager should advise the individual of relevant support groups. It may be possible to arrange for the individual to speak to someone who has already undergone gender reassignment within the organisation. Contact HR Policy Unit for further information.

Referral to Occupational Health

The Personnel Manager should discuss with the individual whether they would like to be referred to OH. All cases referred should be directed to the CMO, Dr Cahill-Canning.

3.3 Administrative actions by Personnel Manager

Amendment of personnel records

All personal records should be amended to reflect the individual’s chosen gender. Records include MetHR, Personal file, Sickness management file, OH records, driver records etc.

Computer records must be changed to show the new name.

All records held in a paper file must be weeded and relevant information transferred to a new cover. Nothing should remain on the file, which would disclose to a third person that a change has occurred. All material that cannot be disposed of should be placed in a sealed envelope and attached to the new file with the instruction “Confidential, Personnel Manager Only”.

Full instructions can be obtained from the HR Police Development Unit.

Change of details on Corporate IT system

The Systems Administrator will need to be informed and have the system changed and arrange for e-mails to be forwarded.

Uniform

A new uniform will need to be issued. Although the individual will be expected to conform to the dress code, certain flexibilities may be discussed during the period of reassignment. The Personnel Manager will need to make arrangements for the new uniform to be issued to spare the embarrassment of the individual and the staff at Clothing Branch.

Warrant card/civil staff pass

Arrangements must be made to have this changed. There may be a need to change this on a more regular basis to reflect physical changes. The Personnel Manager will need to notify the department of the reasons for the change to avoid any embarrassment.

Provision of Search Exemption Certificate

The Personnel Manager should arrange for a Search Exemption Certificate to be issued.

CTC

If the individual concerned is a police probationer, the local training unit may need to be taken into confidence in terms of managing attendance and performance during the CTC attendance / exam preparation / special needs facilities for the officer.

3.4 Senior Management Team Action

Searching

When the individual is a police officer, a senior police officer should discuss with the individual their status concerning searching. It must be stressed that the individual will not be allowed to undertake searching, except section 1 searches and that they must carry the Search Exemption Certificate at all times.

Dignity at work

The Senior Management Team will need to ensure that there are robust systems in place to deal with possible harassment.

Risk Management

Consideration should be given to what to do if problems occur and who will be responsible for dealing with the problems.

Confidentiality

There is no general need or obligation to inform colleagues, clients, and the public that an employee or police officer is undergoing gender reassignment, or that a new employee is transsexual. Such information is only necessary where the relationship with that individual, prior to their change of gender, is to continue.

In practical terms it will be very difficult for a regular officer to continue to work operationally without their colleagues knowing their transsexual status, but the wishes of the individual should be respected as far as possible. A member of civil staff should also have their wishes respected.

Liaison with CPS

It will be necessary to contact the local CPS branch and discuss the possible implications for any on-going cases.

4. Candidates for selection

There is no bar to a transperson being recruited into the MPS as a police officer or member of civil staff. However for all police officers and certain civil staff posts this is subject to their giving consent to disclosure of their transsexuality and carrying a search exemption certificate.

Candidates should not be singled out in any way but may be advised of support groups.

4.1 Action by recruiting staff

Senior recruiting managers should ensure that all staff at recruitment branch and all members of local recruitment branch and all members of local recruiting teams are aware that the MPS will employ transsexual members of staff.

Should a potential candidate ask about our policy on the recruitment of transsexual members of staff, recruiting staff should state that we have a positive policy subject to the conditions around conducting personal searches.

Recruiting staff must explain that for employment to commence as a police officer or for certain civil staff posts, candidates must be willing to have their transsexual status disclosed so that a Search Exemption Certificate can be issued.

For civil staff, who have no searching responsibilities, there is no need for anyone to be informed of their status.

In all other ways individuals should be treated in the same way as any other person of their chosen gender, whether they are in the process of transition or have completed the change (someone who has completed whatever procedures are deemed necessary by their medical teams to achieve a permanent change of gender).

4.2 Action by selection boards

The matter of gender status should not form part of any interview, or any other way influence the outcome of the recruitment process.

4.3 Action after selection

When a candidate has been selected the Head of Recruitment must be informed. Arrangements will then be made to issue Search Exemption Certificates and accommodation issues will be dealt with. The information must be kept confidential and will only be imparted to those who need to know.

5. Transferee from another force – Police Officer

A transferee should be advised that The Metropolitan Police Service does not permit transsexual staff to conduct searches and they must be willing to have their status disclosed so that a Search Exemption Certificate can be issued. Apart from this single issue they should be treated as any other transferee.

6. Re-joiner – Police or Civil Staff

It is possible that a member of staff may re-join, having undertaken gender reassignment. As the Metropolitan Police Service does not permit transsexual staff to conduct searches they must be willing to have their status disclosed so that an Exemption Certificate can be issued.

Action should be necessary to ensure that all personal and other records held are updated to reflect their current gender.

7. Return from career break – police or civil staff

The position is the same as for re-joiners.

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