The NEU will support any member who is subjected to unlawful discrimination in the workplace.
The NEU is keeping its practical advice under review, to reflect the outcome of ongoing high court and other cases. The Union’s policy remains to campaign for gender self identification.
Myth: Trans teachers have no legal protection since Supreme Court clarification
Not correct. Under the Equality Act 2010, 'gender reassignment' remains a protected characteristic. This protection has an impact on what employers should do. Certain forms of differential treatment against those who are proposing to undergo, are undergoing, or have undergone any part of a transition (medical or social) will be unlawful.
Myth: Transitioning staff disrupt the workplace.
Not correct. With clear policies and open communication, transitions can be managed smoothly. Employers should work empathetically with trans staff, respect confidentiality, and provide reasonable adjustments. Raising awareness of the need for everyone to be free from harassment at work can be very helpful.
Myth: Being trans isn’t something staff should talk about
It is a question of personal choice whether trans staff want to be out at work, and who they want to inform. Gender identity – as with sexual orientation, race or sex – has no bearing on professional competence. However, feeling isolated or undermined at work can have a serious effect on performance, motivation and welfare. This means no one should be prevented or deterred from being open, if that’s their preference.
Myth: Supporting trans staff is optional.
It’s not. Schools still have a Public Sector Equality Duty to eliminate discrimination and advance equality of opportunity. Employers have a duty of care to all their staff. Employers must balance and consider their obligations towards their staff and encourage colleagues to treat each other with respect and empathy while at work. The workplace should be supportive of all women staff and LGBT+ staff including trans staff.
Myth: There is nowhere for trans and non-binary staff to get support
Untrue. The NEU wants every member to feel able and encouraged to approach their union for support, advice and tailored information. The NEU is supporting trans members right now with queries about what is and isn’t reasonable behaviour by employers, given the Supreme Court clarification around sex.