Legal Framework
Under the Equality Act 2010, 'gender reassignment' is a protected characteristic. Misgendering a transgender person may constitute:
- Harassment (unlawful): Deliberate or repetitive misgendering can amount to harassment or a hostile work environment.
- Direct or indirect discrimination: Treating someone less favourably due to their gender identity (including via misgendering) can breach the law.
- Victimisation: Targeting someone because they've filed a discrimination complaint or supported one is also unlawful.
Employer Responsibilities
- Cultural change and sensitivity: Foster workplace cultures that value diversity, inclusion, and affirming language from leadership down.
- Support networks: Encourage trans and gender-diverse employee resource groups and allies.
- Inclusive policies and training: Implement policies that prohibit misgendering and train staff on gender identity, respectful language, and how to respond to misgendering incidents.
- Leadership in communication: Use gender-neutral language, allow pronoun sharing (e.g., in email signatures or introductions), and avoid mandatory gendered norms (dress codes, honorific conventions).
- Infrastructure and accommodations: Provide non-gendered facilities (bathrooms, changing rooms), flexible systems that respect chosen names, and processes for updating records.
Making active efforts both policy-wise and culturally prevents legal risk and also sends a clear message that trans employees are respected, safe, and valued.