Agenda item

Purpose: To seek Personnel Committee’s approval of the new policy which aims to set out the Council’s approach to transgender equality in recruitment and at work, and how it will support employees undergoing gender reassignment.

The Committee considered a report (Agenda Item 4) concerning a new policy which set out the Council’s approach and commitment to ensuring that transgender people were treated with dignity and were not unlawfully discriminated against or disadvantaged in the workplace. The policy was an important aspect of the Council’s commitment to equal opportunities in employment and was designed to be read in conjunction with the Council’s existing Equality in Employment Policy.

Robert O’ Reilly explained that it had been deemed appropriate to produce a separate policy as transgender equality was a complex and sensitive area. The policy was designed to assist managers albeit that they would be supported by HR. It also set out what the employee could expect of the Council.

Councillor Mollie Lock noted that the Equality Impact Assessment (on page 13) stated, in the outcomes section, that ‘Managers and staff understand how to support colleagues who are transitioning’.  She queried if any training had been provided to staff.  Robert O’ Reilly explained that this was the aim of the policy and it could only be implemented once the policy had been approved. He explained that managers would be alerted to the existence of the policy and they could refer to it should the need arise. Gender reassignment was  one of the nine protected characteristics covered by equality legislation and was already included in the Council’s existing training programme.

Councillor Richard Crumly queried if it was necessary to have a specific policy in place when this issue was already covered by legislation. Robert O’Reilly explained that most local authorities and other large organisations would have a policy in place and that it was felt appropriate for West Berkshire Council to have one too. This was a sensitive issue and it was important for employees to feel supported by their employer. Managers also found these policies and procedures very useful.

Councillor Crumly was concerned that if there was a policy in place and the Council had not adhered to it an employment tribunal might not look favourably on the Council.  Robert O’ Reilly explained that not having a policy might be more of an issue and that if managers applied the policy then the Council would not be open to challenge.

Councillor Crumly queried what costs the Council had incurred in producing the policy. Robert O’ Reilly explained that the only costs incurred were the time taken by Officers to produce the document. In response to a query he explained that in formulating the document the Council would look at a number of sources including Local Government Association (LGA) model policies, other local authorities, ACAS policies, government policies etc. before producing its own policy.

Councillor Crumly noted that the report referred to support for  employees that were transioning and he queried what this support referred to. Robert O’ Reilly explained that this was a reference to the organisation being supportive of the individual and did not imply any financial support.

Councillor Crumly queried if ‘banter’ (page 25) should be included in examples of harassment against transgender people. Robert O’ Reilly explained that this term was recognised in case law and therefore it was felt appropriate to cite it as an example. The Committee therefore agreed that reference to ‘banter’ should be retained in the policy.

Councillor Pamela Bale commented that this was a sensitive issue and that advice should be offered to the wider team and not just the manager.

Councillor Crumly noted that a failure to comply with the Council’s Transgender Policy could result in the withdrawal of access to relevant services and he queried what was envisaged by this. Robert O’ Reilly explained that this could include access to parking, driving or to a particular office for example.

Councillor Crumly requested that line 19.1 of the policy be amended as follows: ‘This policy will be reviewed to respond to any changes in law or policy and in any event at least every 3 years.

RESOLVED that the policy be approved subject to the inclusion of the amendment to paragraph 19.1 as set out above.

(Councillor Richard Crumly abstained from voting on this item)