Policy Scope:

This document affects all South Yorkshire Police officers and staff.

Policy Aims and Objectives:

South Yorkshire Police is committed to equality of opportunity, both in the provision of services and in its role as an employer. All officers, staff, volunteers, applicants and members of the community have the right to be treated with fairness, dignity and respect.

This policy aims to ensure that any individual who intends to undergo, is undergoing or has undergone gender reassignment receives the same respect and fairness in treatment. In order to do this, we will:

• ensure everybody knows what our policy is;

• ensure line managers understand what their role is; and

• provide a supportive environment to assist both individuals and line managers before, during and after the gender reassignment process.

The Sex Discrimination (Gender Reassignment) Regulations 1999 extend the Sex Discrimination Act 1975 to cover discrimination on the grounds of gender reassignment in relation to pay, treatment in employment and vocational training.

It is unlawful to discriminate against a person for the purpose of employment on the grounds that the person:

• intends to undergo gender reassignment; or

• is currently undergoing gender reassignment; or

• has at some time in the past undergone gender reassignment.

This covers the various stages of the gender reassignment process, including the initial stage where an individual indicates an intention to commence gender reassignment.

In addition, the Gender Recognition Act 2004 (GRA) allows individuals who have, or have had gender dysphoria and lived in their acquired gender for at least two years previous to 2004, to apply for a gender recognition certificate (GRC). This allows the person full legal status of their acquired gender.

In limited circumstances where a person's sex is a Genuine Occupational Qualification (GOQ) it may not be unlawful to discriminate on the grounds of gender reassignment unless the individual is in possession of a full gender recognition certificate. For further information, please refer to Transgender Employment - Procedural Instruction for Police Officers and Police Staff.

What is Transgender?

There is no universally agreed definition but for the purposes of this document, the term transgender is used as a general term which encompasses a wide spectrum of people whose gender is changed either through clothing, biological or medical treatment. Transgender includes transvestites, transgenderists, transsexuals, hermaphrodites and intersex people.

Being transgender is a gender identity issue, based on a person's perception of his or her true gender. It should not be referred to as a lifestyle choice or related to sexual orientation.

Terminology

There can be confusion and misunderstanding surrounding the issues and terminology relevant to transgender. The list below provides definitions of the key terms used in this policy and related procedural instructions.

Sex

The physical and biological form of being male or female or both (hermaphrodite or intersex) or neither (asexual).

Gender

The social and cultural identification or perception of masculinity and femininity as opposed to physical or biological sex.

Gender Dysphoria

The medical term for transsexuality.

Gender Identity

A person's own perception of his or her true gender.

Gender Reassignment

The medical process with the aim of transitioning to the opposite gender from a person's birth gender. This may include hormone treatment and surgery.

Hermaphrodites/Intersex

Refers to individuals whose physiological sex is androgen or dual. They may have both male and female physical features and emotionally identify as female, male or inter-gender. Their sexual organs could carry traits of both sexes. Being Hermaphrodite/intersex is quite distinct from being transsexual, since the former is due to biological characteristics where transsexuality is a sense of gender identity.

Transvestite (Cross Dresser)

A person who wears the clothes more usually worn by the opposite sex. Transvestites are usually content with their gender and biological sex and have no desire to permanently alter their gender by surgery.

Transgenderist

A person who lives and works full time as the opposite gender. Transgenderists are usually content with their gender and biological sex and have no desire to permanently alter their gender by surgery.

Some transvestites and transgenderists may ultimately come to identify as transsexual, but the vast majority will not.

Transsexuality

This refers to people who have a compelling sense that their gender identity is not in conformity with the physiological or biological sex that they are born with. This is not a choice that the person has made, but results from hormone release to the developing foetus in the early weeks of development in the womb. Surgery may have been performed providing a wide variation in changes from one sex to the other.

The Legal Status of Transsexual Members of Staff

The legal status of a transsexual person is governed by the Gender Recognition Act 2004, which became effective from April 2005. Under the provisions of this Act, persons over 18 can apply for a gender recognition certificate on the basis of living in the other gender or having changed gender under the law of another country outside the UK.

If an application is successful a Gender Recognition Certificate (GRC) will be issued to the individual.

A Full Gender Recognition Certificate (FGRC) provides the individual with the legal status of his or her acquired gender. Providing the individual’s birth was registered in the United Kingdom, the General Register Office will be notified by the Gender Recognition Panel and a new birth certificate will be issued.

An Interim Gender Recognition Certificate (IGRC) could also be issued to an individual if the applicant is still in a pre-existing marriage or civil partnership. An interim certificate is valid for six months from the date of issue as stated on the certificate, and does not bestow any new legal right or responsibilities. It may be used as evidence if either member of the couple chooses to end their marriage on this basis. Once a full certificate is issued, the applicant’s gender becomes, for all purposes, the recognised acquired gender.

Unless a full gender recognition certificate is issued, the legal status of that person remains that of his or her birth gender. However, it is possible for someone without a full gender recognition certificate to obtain other official documents, including a passport and driving licence in their acquired gender.

It should be noted that surgical intervention/gender reassignment surgery is not a requirement for the issue of a GRC.

Under section 22 of this legislation, the information relating to an individual obtaining a gender recognition certificate and their previous gender is safeguard as ‘protected information’. It is an offence if this information has been obtained in an ‘official capacity’ (for example as a police officer, as an employer or as an employee in the course of employment) to disclose the information to anyone else, other than in limited circumstances defined in the Act. For further information refer to the Transgender Employment - Procedural Instruction for Police Officer and Police Staff.

Gender Reassignment

The Sex Discrimination (Gender Reassignment) Regulations 1999 define gender reassignment as "a process which is undertaken under medical supervision for the purpose of reassigning a person's sex by changing physiological or other characteristics of sex, and includes any part of such a process".

It can take several years before the transition process is complete and usually involves a number of stages including a psychiatric diagnosis, counselling, hormone replacement therapy, a period of living in the new role and surgery.

The extent of any surgical procedure will vary according to the needs of the individual. Most surgical procedures require less than two weeks absence from work, whilst some are more likely to require two or three months. Undergoing the process of gender reassignment can be extremely stressful for the individual concerned and as much support as possible should be offered to the individual throughout their treatment.

Associated Procedural Instructions:

This policy is supported by the following procedural instructions:

Transgender Employment - Procedural Instruction for Police Officers and Police Staff D51426

Equality Act 2010

The Act creates a statutory requirement for all Functions and Policies (Including Procedural Instructions) to be analysed for their effect on equality, diversity and human rights, with due regard to the General Duty.

In principle, this document has been assessed for discrimination, which cannot be justified, among other diverse groups.

Human Rights/Discretion:

The purpose of providing policy is to give an indication to staff of the expected course of action. However it is not possible to cater for every possible combination of factors that would justify a departure from stated policy. The Human Rights Act 1998 requires the proper use of discretion at all times and nothing within this policy and associated procedural instructions prohibits the proper use of discretion in appropriate circumstances.

Where action is taken that has the potential to interfere with an individual’s Human Rights, the reasons behind the making of the decision to act in that way should be recorded on the appropriate forms, or where this is not practicable, in pocket books or policy logs.

Freedom of Information Act 2000

Exemptions do not apply to this statement of agreed policy under the Freedom of Information Act 2000.

Management of Police Information (MoPI)

This policy falls within MoPI: No

Audit Review Arrangements:

This policy will be reviewed annually, or upon any changes to legislation.

Rights of redress for members of the public:

Anyone who feels that a member of staff has behaved incorrectly or unfairly, or who is dissatisfied with organisational matters, service delivery or other operational policing issues, has the right to make a complaint.

Initial action should be taken in one of the following ways:

• Complain in writing or in person to the Senior Officer at the appropriate police station or to the Chief Constable of the force concerned.

• Visit a local Citizens' Advice Bureau

• Contact a Solicitor

Rights of redress for South Yorkshire Police personnel:

South Yorkshire Police personnel who feel they have grounds for concern in relation to the implementation of policies may, as appropriate:

• Pursue concerns through their line manager.

• Contact a First Contact Advisor.

• Pursue a grievance formally through the South Yorkshire Police Fairness at Work Procedure.

• Seek advice from their staff association or trades union.

• Use procedural instruction D50241 Management of Complaints, in the section entitled Handling Complaints relating to Direction and Control. 

Start Date:

25 March 2008