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Civil servants face being sanctioned if they fail to use the preferred name or gender of a transgender colleague, leaked Whitehall guidance has revealed.
The guidance, labelled “official sensitive” and created by the Cabinet Office, said calling a colleague by the incorrect pronouns could lead to them being disciplined.
The document outlines how fellow civil servants should treat transgender colleagues at work and includes warnings that “deliberate dead naming or misgendering to deny, mock or invalidate” a trans person would be investigated as potential misconduct.
It also includes guidance telling employees they “may not use facilities of your affirmed gender which are designated as single-sex”, The Times reported.
The leaked guidance said that it should be established whether a civil servant intentionally called someone by their pre-transition name or referred to them by the incorrect gender because of “a neurodivergent condition or memory issue”.
Ministers refused to publish the guidance that was updated after the Supreme Court ruled last year that sex in the Equality Act referred to biological sex.
The Cabinet Office also refused to share the draft policy with this newspaper.
A spokesman said at the time: “Under legislation, as has been the case under successive governments, policy which is under development is not released to ensure advice can be discussed freely without undue public interest.
“Departments are expected to update their own HR policies and these are currently under review. This guidance supports them to do that and it would be inappropriate to share while this is ongoing.”
The leak comes after the Charity Commission informed charities that they must comply with the law and not wait to receive the updated guidance from the Equality and Human Rights Commission.
Certain charities had waited for the release of the code of practice from the EHRC, which is set to come into force on Aug 5, before updating their policies.
On Tuesday, the Commission said: “Charities do not need to wait for the Commission’s guidance to comply with the Act and the code.
“It is the responsibility of trustees to ensure their charity is compliant […] and unreasonable delays in taking steps towards compliance may be considered a breach of those responsibilities.”
Guidance ‘unworkable’
The Commission will provide separate guidance on how charities should comply with the Supreme Court ruling.
The code of practice applies to England, Scotland and Wales and was published as a draft in May.
It outlined that a service must be provided based on biological sex for it to be labelled as single-sex under the Equality Act, in line with the Supreme Court ruling.
To comply with the guidance and ruling, single-sex toilets, hospital wards, changing rooms and refuges must be used based on a person’s sex at birth and not based on the gender they identify with.
The guidance suggested the use of unisex services including self-contained, lockable cubicles so that toilets and changing rooms were available for all.
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The code said it would be “very unlikely to be proportionate to put a trans person in a position where there is no service that they are allowed to use”.
For Women Scotland, who were behind the landmark Supreme Court ruling, previously said: “It’s important to remember that the code does not represent a change in the law, just practical help for implementing it.
“If businesses have been complying with the law, there shouldn’t be a need for major changes.”
The Trans+ Solidarity Alliance described the guidance as “unworkable” and said it could “lead to widespread harm for trans people and those who don’t conform to gender stereotypes, and put businesses and charities in the crossfire of endless litigation”.
A Cabinet Office spokesman said: “Departments are expected to update their own HR policies and these are currently under review. This guidance supports them to do that and it would be inappropriate to comment while this is ongoing.”
