This NEU resource has not been updated since the publication of the Supreme Court judgment on For Women Scotland v The Scottish Ministers on 16 April 2025. The DfE, EHRC (Equality and Human Rights Commission) or HSE (Health and Safety Executive) have not yet issued revised advice for schools and colleges. Education employers continue to be bound by the Equality Act 2010, however, and in line with the Supreme Court ruling must take proportionate steps to avoid unlawful discrimination against all staff and students.
The NEU is committed to the important right for people who are trans or non-binary to self-identify. The NEU recognises trans and non-binary identities and is aware and concerned about the unacceptable levels of discrimination faced by trans and non-binary staff in workplaces and within society.
This toolkit includes guidance on transitioning from the point of view of trans educators and of their employers.
All trans teachers and educational professionals have specific protection from harassment and discrimination at work on grounds of sex and transgender status under the Equality Act 2010, and from the unlawful disclosure of transgender status.
You are protected whether you are a man or a woman, before, after or during your gender re-assignment. You are protected if you live your life in the gender opposite to your birth gender, whether or not you are under medical supervision.
You are protected whether you are permanent, fixed-term, full-time, part-time, supply or agency.