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In 1999, the UK Government added additional regulations to the Sex Discrimination Act 1975 giving protection for those on educational courses and for job applicants and employees who intend to undergo, are undergoing or have undergone gender reassignment.
Since 1999 it has been unlawful under the act for employers to discriminate against people on these grounds but this has not always made it easy for transsexual people to expect fair treatment in the workplace and in the provision of education. The greatest problem is ignorance on the part of the employer and since infringement of the Sex Discrimination Act can lead to fairly substantial and technically open ended settlements in a successful complaint being made to an Employment Tribunal, it is vital both employer and employee work together to ensure this situation is never reached.
NuWei can assist in the following:
For organisations with transsexual clients
Many public bodies such as CAFCAS, Court Service, Prison and Probation Services, hospitals, GP surgeries, educational establishments, Civil Service and Emergency Services all have to deal with transsexual people as clients. NuWei can run half-day or full-day Diversity and Awareness courses for staff to ensure that transsexual clients are attended to with dignity and respect and fair consideration is taken of legal aspects and personal safety issues unique to a transsexual person.
Private organisations and charities who wish to pay more than lip-service to Equality might also find a half-day awareness course beneficial for their key staff.
For Human Resources and Personnel Directors and Managers, a full-day Open Course is run every quarter. Please ring us for the next available course date.
Solicitors and barristers may find such workshops would qualify them for points towards their Continuous Professional Development.
For the employee
Transsexual workers continue to be treated with respect and dignity, free from harassment, discrimination, being effectively ignored by co-workers and supported by their employer at what for them is a difficult time.
We can support the transsexual worker before and during their transition at work, through in-company support and one-to-one telephone, online messenger or email contact. This gives the newly transitioned worker the chance to discuss their worries with someone who has faced similar challenges.
For the employer
We help the employer before, during and after an employee informs you of their intention to live in another gender to the one they were originally presenting as. We offer:
- help in writing accurate employer Mission Statements with regards to equality and legal obligations
- help draft gender and sex reassignment policies
- assist in detailing revised grievance procedures should a manager or co-worker breach those policies
- management workshops for senior managers to include best practice and legal obligations the organisation has towards ensuring harmony in the workplace for their transsexual employee
- Light-hearted group workshops for junior managers and co-workers to ensure all staff are fully appreciative of how to treat their new colleague with courtesy and avoid giving offence.
Workshops can involve syndicate group sessions as well as open discussions with a transsexual person who has gone through this themselves. Feedback and recommendations for further sessions and one-to-one discussions can be arranged with those staff finding a problem or expressing an uncooperative opinion that might cause the employer some concern as to their future legal obligations towards employment law.
Employment Tribunals
The lead presenter of NuWei has had personal experience of handling a Sex Discrimination case at an Employment Tribunal and won her case and was awarded a five figure amount in compensation. This is best to be avoided by both employer and employee (or even a prospective employee e.g. in an interview).
We can give general advice on a one-off fee, daily or hourly basis to employees or employers facing the prospect of a Tribunal Hearing and can assist in helping to achieve a resolution that is equitable to both parties. This service is no replacement for expert legal advice and representation but since most lawyers have no experience of transsexual people and their unique situation, we see this as a complementary service that should be advantageous to any party involved in an Employment Tribunal.
Of course, it is better to never get into this situation but in the real world this might not always be the case, and so fire-fighting procedures might help both parties. The lead presenter of NuWei has worked in senior management roles in both corporate business and SMEs in both manufacturing and service sectors and has been a business advisor and counsellor in the past, so can talk your language and understand most people's perspectives.
Fees
Normally responsible employers will arrange for all fees to NuWei to be charged to their account, payable in advance following an agreed delivery schedule of services. If an employee is disadvantaged during their transition, NuWei will also undertake a programme of support with the individual concerned, normally at a special employee rate.
Useful Links
Gender Reassignment, A Guide For Employers, UK Government Advice on Current Legislation [pdf file]
NuWei Personal Training & Life Coaching, York,UK YO24 1LT
Phone: 01904 778899