Trans Inclusion Policy
1. Statement of Policy
For the purpose of the policy the term Trans is an umbrella term used to describe people whose gender isn't the same as, or doesn't sit comfortably with, the sex they were assigned at birth. Trans people may describe themselves using one or more of a wide variety of terms, including (but not limited to) transgender, transsexual, gender-queer (GQ), gender-fluid, non-binary, gendervariant, crossdresser, genderless, agender, intersex, non-gendered, third gender, two-spirit, bi-gender, trans man, trans woman, trans masculine, trans feminine and neutrois.
A full list of terminology can be found in Stonewall’s glossary of terms.
For the purpose of this policy, the term ‘staff’ shall cover staff, officers, Special Constables and Volunteers.
This policy, along with the associated procedures documents, provides a framework for line managers and staff[1] to follow in respect of considerations, which need to be made, and actions to be taken when people within the recruitment process or during employment identify themselves as Trans. It relates to issues such as personal records, uniform, warrant cards / passes and gender recognition certificates.
The policy and the associated procedures documents does not provide detailed information regarding the processing or searching of detained people who present or identify themselves as Trans as the Police and Criminal Evidence Act 1984 (PACE) govern these requirements. An Aide Memoire is available on the Force intranet, which provides further guidance in this regard.
[1] For the purpose of this policy, the term ‘staff’ shall cover staff, officers, specials and volunteers
Applies (but not limited) to: All categories of Dyfed-Powys Police officers and staff, whether full-time, part-time, permanent, fixed term, temporary (including agency staff, associates and contractors), seconded staff and volunteers. Police Officers, staff and volunteers accessing and using Force assets and property must have due regard to the contents of this policy.
2. Policy Scope
This policy and the associated procedures documents provides specific guidance for line managers to follow in the workplace concerning the line management and support of Trans members of staff. They also set out the support, which is available to Trans members of staff, and their entitlements during the application process, as well as during employment.
All staff have a general responsibility to ensure they familiarise themselves with the contents of this policy and comply with the specific requirements.
The specific aims are to:
- Ensure Trans members of staff feel welcomed and valued as potential or existing members of staff of Dyfed-Powys Police;
- Ensure that there is a clear understanding of Dyfed-Powys Police’s expectations of its line managers when managing a Trans member of staff ; and
- Ensure Trans members of staff are treated fairly and consistently and are offered the appropriate support during recruitment and employment.
3. Powers and Policy/Legal Requirements
The Human Rights Act 1998
The European Convention on Human Rights, specifically Article 8, right to respect for private family life and Article 10, freedom of expression are highly relevant to the employment of trans people. The Human Rights Act creates a statutory requirement that all legislation be read and given effect in a way that is compatible with the convention. Therefore, the Convention Rights are likely to take precedence in any subsequent inquiry into why something was done in a certain way.
The Equality Act 2010
The Equality Act 2010 makes it unlawful to discriminate on the grounds that a person intends to undergo gender reassignment, is undergoing gender reassignment or has undergone gender reassignment. This covers all aspects of employment, including recruitment and selection processes, employment-related benefits, and facilities, including training, career development and references.
The act provides protection from direct discrimination, indirect discrimination, protection from harassment, protection from victimisation and protection in taking time off work to transition.
The Gender Recognition Act 2004
The Gender Recognition Act (GRA) also introduced disclosure provisions that all
Dyfed-Powys Police staff have a legal obligation to comply with. The Act prohibits
disclosure of any protected information obtained in an official capacity relating to a
person’s application for the grant of a Gender Recognition Certificate (GRC).
A person’s right to privacy must be respected including in relation to personal
records held on existing or potential staff. The provisions of this policy must therefore
be complied with to prevent disclosure of protected information without the persons
consent.
The Act creates a criminal offence if information is inappropriately disclosed.
Individuals must not be asked to disclose whether or not they hold a
GRC.
Police and Criminal Evidence Act 1984
Sections 1, 54 and 55 of PACE and Code A of the Codes of Practice outline powers
in relation to the searching of a person, and this is relevant in relation to the
searches which may, or may not be, undertaken by a Trans person who does not
have a Gender Recognition Certificate.
Internal
- Dyfed-Powys Police Trans Recruitment and Post Employment Procedure
- Dyfed-Powys Police Trans Guidance/Procedure for Line Managers
- Dyfed-Powys Police Guidance/Procedure for Trans Members of Staff
- Dyfed-Powys Police Guide for Trans Detainees – Aide Memoire
4. Options and Contingencies
The Equality, Diversity and Welsh Language Manager can assist with any queries. HR Officers (either on division or HQ) can also support as points of contact.
5. Take action and review
To ensure effectiveness of this policy it will be reviewed on an annual basis, taking account of challenges to the policy and any changes to legislation and national guidance.
This policy was initially implemented in September 2010 and following its most recent review, has been amended in April 2024. It will be reviewed again in April 2025.
All amendments to the policy and the associated procedure documents will be implemented by the Equality, Diversity and Welsh Language Manager with the approval and oversight of the Embracing Diversity Board and members.
CODE OF ETHICS CERTIFICATE OF COMPLIANCE
This policy has been drafted in accordance with the Code of Ethics and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Code and the principles underpinning it.
HUMAN RIGHTS ACT CERTIFICATE OF COMPLIANCE
This policy has been drafted in accordance with the Human Rights Act and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Act and the principles underpinning it.
EQUALITY IMPACT ASSESSMENT
Section 4 of the Equality Act 2010 sets out the protected characteristics that qualify for protection under the Act as follows: Age; Disability; Gender Reassignment; Marriage and Civil Partnership; Pregnancy and Maternity; Race; Religion or Belief; Sex; Sexual Orientation.
The public sector equality duty places a proactive legal requirement on public bodies to have regard, in the exercise of their functions, to the need to:
- eliminate discrimination, harassment, victimisation, and any other conduct that is unlawful under the Act;
- advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;
- foster good relations between persons who share a relevant protected characteristic and persons who do not share it.
The equality duty applies to all protected characteristics with the exception of Marriage and Civil Partnership, to which only the duty to have regard to the need to eliminate discrimination applies.
Carrying out an equality impact assessment involves systematically assessing the likely or actual effects of policies on people in respect of all the protected characteristics set out above. An equality impact assessment should be carried out on any policy that is relevant to the public sector equality duty.
EQUALITY IMPACT ASSESSMENT COMPLETED: September 2024