Introduction
Your Trust recognise the rich diversity within our community, and we want to ensure that we support all members to access our services and facilities fully and without discrimination. We also want our staff with Trans* identities to feel safe and to be supported fully within Your Trust.
Key Terms
Affirmed Gender: we refer to someone’s ‘affirmed’ rather than ‘chosen’ gender, as we understand that gender identity is not something that someone has conscious control over, but rather is part of who they are.
Acquired Gender: the preferred terminology is affirmed gender, but some older legislation still uses the term ‘acquired gender’ where an individual has transitioned from one binary gender identity to another (female to male, or male to female).
Binder: the term “binding” refers to the process of flattening one’s breast or chest tissue in order to create a traditionally male-appearing chest. A binder may be home made, such as bandages, or may be a custom made garment used to flatten and constrict the tissue around the chest. Binders can restrict breathing and so they should not be worn for extended periods or during sports and physical activity.
Chest Tissue: used to describe the developed breast tissue of a Trans* man. Breasts is a description usually closely linked to a female body and so use of breasts to describe this anatomical area in a transgender man who has not had surgery can be very distressing to those experiencing gender dysphoria.
Cisgender: a person whose gender identity matches the one assigned at birth. So for example, if you were assigned the male sex at birth, and you still identify as a man, then you can be referred to as cisgender.
Dead Name: the name that a transgender individual was given at birth, but which they changed to better represent who they are and their current identity. An example would be that Janet was given the name Peter at birth as she was born with male sexual characteristics. However, she is affirmed as a woman, and has changed her name to Janet and Peter is her dead name.
Gender Dysphoria: used to describe when a person experiences discomfort or distress because there is a mismatch between their sex assigned at birth and their gender identity.
Gender Fluid(ity): a form of non-binary identity, in which a person’s gender identity is fluid rather than fixed, and changes over time or in different situations.
Gender Identity: the personal sense of one’s own gender. Gender identity can correlate with a person’s assigned sex at birth, or can differ from it.
Gendered Space / Single Sex Space: an area that can only be accessed by someone with a specific gender identity. Examples include a ladies toilet, or a male-only sauna and swim session.
Non-Binary: refers to a person who does not identify solely with a male or a female gender, some or all of the time. Some non-binary people may identify with more than one gender, and some may not identify with male or female at all.
Pronouns: used in place of a name to refer to people in conversation, and are commonly linked to gender. Examples are He/Him/His, She/Her/Hers. If someone is non-binary, or is currently questioning their gender identity, they may use gender neutral pronouns. The most common of these are They/Them/Theirs.
Questioning: is used to describe someone who is exploring their gender identity and may not be certain of what that identity is.
Trans* Status: refers to whether someone has a transgender history.
Trans*: an umbrella term for all those whose gender is different from the gender they were assigned at birth, as well as those who are questioning their gender.
Transgender: a person whose current gender identity does not match the one assigned at birth.
Transgender Rights
The Equality Act 2010 provides a legal framework to ensure that everyone is treated equally. It designates nine protected characteristics and it is illegal to discriminate based on these. One of the protected characteristic is gender reassignment. In summary, the Equality Act states that:
- A person has the protected characteristic of gender reassignment if the person is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person’s sex by changing physiological or other attributes of sex.
Note. This can include a person having gender affirming surgery or hormone therapy, but also includes social transition such as changing name and pronouns, and presenting as their affirmed gender through appearance and clothing choices. There is no requirement for a person to have started any of these changes – the law covers them if they propose to undergo them, as well as once they are underway or complete. - You must avoid discriminating against Trans* people.
- You must treat a Trans* person as belonging to the gender in which the Trans* person presents (as opposed to the physical sex they were born with) unless you can objectively justify treating them differently.
- Where a Trans* person is visually indistinguishable from someone of their acquired or affirmed gender, they should be treated the same as anyone else of that gender unless there are strong reasons not to do so.
The Gender Recognition Act 2004 gives legal recognition to people with gender dysphoria to be recognised in their affirmed gender. If they want this recognition, they must satisfy the Gender Recognition Panel that they:
- Are over the age of 18.
- Have had been diagnosed with gender dysphoria; and have lived in their acquired or affirmed gender for at least two years.
- Intend to live in their acquired or affirmed gender for the rest of their life.
If successful, the individual will be issued with a Gender Recognition Certificate. This certificate ensures that they are afforded all the rights and responsibilities appropriate to a person of their acquired or affirmed gender. They will be able to get a new birth certificate, and marriage or civil partnership certificate (where required).
Many Trans* people choose not to get a Gender Recognition Certificate and because it is completely optional and isn’t legally required, they should never be asked to show a Gender Recognition Certificate. If someone has transitioned from one gender to another and it is unknown whether or not they have a Gender Recognition Certificate, it should always be assumed that a Gender Recognition Certificate is held.
The Gender Recognition Act 2004 is current legislation at the time of production of this document, but it is under reform as it is no longer considered to be fit for purpose. You do not require a formal Gender Recognition Certificate to be able to work, travel or socialise in your affirmed gender, and discrimination based on gender reassignment is illegal under the Equality Act 2010.
The Gender Recognition Act (2004) and the Equality Act (2010) mean that a transgender person may access Your Trust services in the gender which they are living as. If their gender identity changes at any point, we should acknowledge this and recognise their new gender. There are a number of reasons why a person may choose a specific time to transition, and we do not need to know why.
A transgender person can legally use single sex spaces such as the ladies only gym, or a single sex toilet or changing space, which matches their affirmed gender and appearance. Some transgender individuals will prefer to use non-gendered spaces, and we will respect their decision and preference. If a customer or staff member is unsure whether a person should be using a single-sex space and does not believe that their appearance matches the gender designation of the space, then they should speak to a manager who will speak to the individual in private if necessary.
People with different Trans* identities such as non-binary and questioning may choose to use non-gendered facilities and sessions, which may include the family change for swimming, and using disabled toilets if an appropriate gender neutral toilet is not available.
Transgender Language
Appropriate Inclusion, Safeguarding and Adaptations
Gendered provision
Trans* individuals will be permitted to access toilets, changing areas and any gender-specific sessions in line with their affirmed gender. Any concerns should be raised with a manager, who will assess the situation and who will advise the Trans* individual if they feel that attendance in a specific session or area is inappropriate for any reason.[CS1]
Clothing
The following activities carry specific guidance for Trans* individuals who have not undergone gender affirming surgery:
- Swimming – a transgender man who has not had top surgery, wishing to swim, should wear an appropriate form fitting swim-suitable t-shirt such as a rash vest, this should cover his chest area.
- Gym and Group Exercise Classes – a transgender man who has not had top surgery, attending a gym session or group exercise class, may wish to wear an appropriately supportive sports bra for comfort under his outer clothing.
Trans* individuals who wear binders should be aware that this is considered unsafe during physical activities as lung capacity can be reduced. We encourage people instead to consider wearing layers and a supportive sports bra. Trans* charities may be able to offer additional advice. - Sauna and Steam Room Sessions – a transgender man who has not undergone top surgery, wishing to access the sauna and steam rooms, should wear an appropriate form fitting swim-suitable t-shirt such as a rash vest, this should cover his chest area.
Safeguarding
Your Trust ICT Systems
Your Trust uses a number of externally commissioned ICT systems for different areas of work. It is recognised that some of these do not have sufficient options for gender identity and title to be added correctly for some Trans* individuals. Where Your Trust has control over this, additional options will be created when required. Where this is externally controlled, Your Trust will request modifications from suppliers but may not be able to offer a quick resolution.
Useful Links and Resources
The LGBT Foundation
The LGBT Foundation are a Greater Manchester based charity providing support to adults with an LGBT identity including trans* people. They provide support to organisations and individuals via training courses and offer lots of information on their website. https://lgbt.foundation/
The Proud Trust
The Proud Trust are a Greater Manchester based charity providing support to young people with an LGBT identity including trans* people. They provide support and training to schools and other organisations working with young people who may have or be questioning an LGBT identity. https://www.theproudtrust.org/
Your Trust Advisors
Your Trust currently has two staff who have undertaken LGBT Champion Training with the LGBT Foundation. They can offer advice and support to staff and customers and signpost on where appropriate. Please contact either:
Catherine Szymanskyj – Inclusion Lead
catherine.szymanskyj2@yourtrustrochdale.co.uk
Bryan Beresford – Community & Inclusion Manager Touchstones
bryan.beresford@yourtrustrochdale.co.uk