employee

Trans* Jersey

Education

GIRES reports that: Schools do not have proper advice on how to deal with and eliminate transphobic bullying and generally, this is not being addressed. Trans children are suffering as a result. In the new March 2014 Department of Education Guidance into Preventing and Tackling Bullying gender reassignment is mentioned but not as often as other protected categories.

Trans people in schools (pupils, staff, children of trans parents) are more likely to suffer from bullying than any other group. 

The Department for Education should ensure that all schools are provided with advice on preventative and responsive action and fully informed about the information and training provided by GIRES, Mermaids and Gendered Intelligence.

Trans* Jersey echoes this call with the same request to the States of Jersey’s Department for Education, Sport and Culture to use the resources provided by trans* groups to educate. In preparation for the new anti-discrimination legislation being passed in Jersey next year, Trans* Jersey is preparing a series of courses aimed at employers, employees, teachers and students dealing with issues affecting trans* individuals.

According to GIRES in the UK, the current Department for Education curriculum for sex and relationship education (published in 2000 and referred to in a Standard Note to MPs earlier this year) includes references to sexual orientation but not to gender reassignment.Gender variant young people are thus denied equal treatment.

Trans* Jersey is currently researching the States of Jersey’s sex education curriculum.

TeacherEducation about trans* issues is especially important for those working in the public sector where employees often act as gatekeepers to services that trans* individuals need to access, such as the hospital, passport office, parish hall and social security.

GIRES cites this example of where a perceived lack of education about and empathy with trans* issues is a barrier to reporting and prosecuting hate crimes:

The main issue is underreporting of transphobic hate crime due to a fear on the part of trans victims that the Police and other agencies of the Criminal Justice System will not take them seriously. Trans witnesses also fear being “outed” in Court. Hopefully we shall see some improvement following the publication of the updated the CPS Trans Management Guidance authored by GIRES and the proposed revision of the Victims Code.

Trans* Jersey firmly believes in the power of education to change people’s attitudes to and treatment of trans* individuals.

Trans* Jersey

Transition management

There is very little chance that you will be able to keep your transition a secret in Jersey. The island is small and news of your transition will travel quickly around your friends, family, colleagues and, surprisingly, even people who you don’t know! If you want to transition privately, your best option is to leave the island for a city. However, before you take that step, consider the pros and cons carefully:

Pros

  • You will pass more often in a city as your gender rather than as transgender
  • You will have access to a wider range of professionals to support your transition
  • You will have access to support groups where you can meet other trans* individuals
  • You can make a fresh start in your new gender

Cons

  • As well as undergoing the changes to your gender, you will also have to undertake huge changes in your home and work life
  • You will lose the support network you have in Jersey (friends, family, colleagues)
  • You may not be eligible for funded healthcare, depending on where you move to
  • Moving location will add to the cost of your transition

Jersey is a conservative place but it is also, by and large, a tolerant place. The island’s population is a well educated one – our schools consistently get above UK average grades. There are very few hate crimes and people are able to go about their business without interference. Islanders may like to gossip and some of the attitudes you encounter may be a little behind the times but, rarely, are they malicious. The new anti-discrimination legislation due to come into force in September 2015 should improve this situation through education and awareness campaigns. There are worse places in the world to be open about your gender or sexuality.

Telling people

Because news will spread fast in Jersey, you need to plan the order in which you inform people of your transition. You will find that most of your acquaintances will be accepting and supportive of your decision to transition. However, you don’t want to jeopardise that goodwill by people hearing of your news secondhand. We would suggest the following order as a starting point:

  • Your GP and other members of the medical profession necessary to establish that you wish to transition – this is guaranteed to be in confidence and a necessary first step.
  • One close friend or family member in whose judgement and discretion you trust – inform them that they are the only one who knows and that you are not telling anyone else for the moment. They will act as a sounding board for your thoughts and feelings. If you do not have access to someone suitable using an Internet forum specifically for trans* people where you can ask questions of other trans* individuals can provide the same support.
  • You can stop at this point until you are ready to come out as transgender. Once you are ready to come out, the next steps should follow in quick succession (i.e. within days of each other). Make sure that you inform each person you tell of who knows your news, apart from them, and what your timetable is for telling others.
  • Your advocate – this is guaranteed to be in confidence and the first public step you will have to take. Your deed poll should take about a week to process and pass through the Royal Court. It is not one of the Royal Court procedures announced in the Business Brief.
  • Your closest friends and family – try to do this face to face if possible. They will be the ones most concerned by your transition because they love you and the ones who require the most reassurance. Have some sources of factual information prepared for them (e.g. a self-help book, a lists of websites offering advice, a handout of basic facts that you have written, an open letter explaining your journey to this decision) to help with their understanding of what you are going through and to demonstrate that you take your transition seriously and have done your research.
  • Your line manager or, if more suitable, your personnel manager at work – the process for coming out at work is discussed in more detail below.
  • Your work colleagues, extended family members and casual acquaintances/friends – email makes this process much easier than it used to be. On the day that you inform your work colleagues, plan to send an email to your extended family members and casual acquaintances/friends. The email can be relatively brief but be sure to include your new name and the pronouns (he/him/his, she/her/her, they/them/their) you would like people to use from now onwards. You may also wish to explain your journey to this decision and provide some links to websites offering advice. This is the day that you will really feel that you have come out and you will, in all likelihood, find it a positive experience as most people will respond with messages of good wishes and congratulations.

transitionTransition management at work

In the workplace, you should expect the following considerations from the manager that you first approach with the news of your transition:

  • They take a non-judgemental stance
  • They are available if you need to talk
  • They support your plan for coming out to your colleagues
  • They assist in educating co-workers
  • They allow for mood changes caused by hormone therapy
  • They work with you to plan time off for surgery
  • They treat you no differently than they would other colleagues of that gender
  • They always use your new name and gender pronoun
  • They take appropriate disciplinary steps with co-workers who do not respect your gender
  • They remind co-workers that it is not their job to ‘out’ you to new employees joining the company
  • They inform you of anyone else that they are obliged to inform of your news and get your agreement to do so

In consultation with your manager, agree on the plan for telling your colleagues. You should plan to tell colleagues within a matter of days from telling your manager. There should be no reason for the manager to delay:

  • Set a date on which everyone will be told (all at once). Don’t allow the news to spread by gossip.
  • Find a method of telling everyone the same information at once. Email is probably the best way to do this so that staff who work remotely also hear at the same time. Keep the information clear and factual.
  • You may wish to undertake a presentation about gender issues to all staff in which a Q&A can happen. Only the most confident/comfortable trans* individuals are likely to undertake this but it can be a great way to get your colleagues comfortable with your news. Discuss this possibility with your manager.
  • You may wish to take holiday whilst your colleagues get used to your news so that your return to work marks a clear date on which you are dressed as your preferred gender and referred to by your new name/pronouns. Discuss this possibility with your manager.
  • Your manager may wish to offer all members of staff the opportunity to talk to them and air their concerns about the change. This is a good idea as it can stop any negative comments early on and the manager can get a feel for which employees might need anti-discrimination training.

Below is a sample email that can be adapted by you and your manager to send to other employees:

I have been asked by John Bunbury to write to you to inform you that he is starting a process of gender reassignment from male to female.

From [date], his name will change from John to Elizabeth (Liz). Liz has also asked to be referred to by female pronouns (she, her, hers) from this date.

I ask all employees to respect Liz’s wishes and to use her correct name and pronouns. I also ask that you respect Liz’s right to privacy and that you do not discuss this with other employees. Should you wish to discuss the matter, please arrange to see me in confidence.

[Optional] A presentation about gender issues will be held on [date], which all employees are expected to attend. Further details to follow.

[Optional] Liz is currently on holiday and will be returning on [date].

Toilets and changing rooms

One of the areas that gets people into difficulties is communal facilities that are gender segregated. You should expect to receive the following courtesies from your manager:

  • They should ask you which facility you would like to use.
  • They should offer to provide you with a gender-neutral option, but not force you to use one.
  • If other members of staff complain about the arrangements, they should educate them.

If your manager does not get this right, be patient with them because it will be due to lack of experience in dealing with trans* issues. Explain that you are the most vulnerable person in this situation not your colleagues and that using facilities designated for the opposite gender is one of the most daunting aspects of transitioning. Remind them that:

  • Digressing gender norms does not make you sexual predator.
  • The majority of sexual assaults in the world are perpetrated by cisgender (non-trans) men.
  • Even in the gents, you rarely, if ever, see other people’s genitalia when using public facilities.
  • Transwomen are put at risk of being physically assaulted by men when using men’s facilities.

Uniforms

If your organisation has a uniform:

  • Ensure that your manager arranges for a uniform matching your new gender to be provided as soon as possible.
  • The uniform may need to be altered fit. Your employer should offer to fund this for you but check company policy for whether this is covered for cisgender employees. If not, you are unlikely to get it covered either. (Transwomen may be broader in the shoulders, transmen may be shorter in the leg, than standard sizing.)
  • Agree a point in time when you will commence wearing your new uniform.

Health and safety

If appropriate to your work and your transition, you should discuss the following issues with your manager to ensure that they are aware that some of your duties may need to be adjusted as your transition progresses:

  • Hormone therapy brings about physical changes. Be aware that if you are an MtF manual worker you will not be able to lift the weight you used to.
  • Following surgery you may return to work but may not yet be capable of carrying out all your normal duties. Take medical advice about recovery times and appraise your manager of them.

Finally, Jersey does not currently have appropriate legislation to protect trans* workers’ rights. This is due to be introduced in September 2015. However, the States of Jersey appear to be modelling their new law on the UK Equality Act, so be aware that:

  • In the vast majority of cases, the gender of a worker is of no relevance to their ability to do a particular job. However, the Equality Act 2010 does allow for an exception where being of a particular sex is an ‘occupational requirement’ of that post. It might apply where the work necessarily involves conducting intimate searches, or where services are provided to one gender only, such as a women’s refuge.
  • The Equality Act makes it clear that the employer must act reasonably in applying an occupational requirement. For example, conducting intimate searches is unlikely to be a main part of any particular post. The employer must consider whether these tasks could be carried out by someone else. Also, the occupational requirement must be identified at the beginning of the recruitment process and stated in the application pack.
  • If an employee who is intending to transition permanently works in a single sex position or organisation, it is probably best for the employee, the employer and any service users if redeployment can be negotiated. Employers should make sure that options are discussed early on, to reach the best outcome.
  • Don’t forget that a person with a Gender Recognition Certificate is legally of that sex for all purposes.

Guides to managing your transition at work –
UNISON
GIRES
Stonewall
a:Gender
National Institute of Economic and Social Research
The Association of Graduate Careers Advisory Services