Supporting transgender and non-binary people at work: Guide for people professionals
How to support transgender and non-binary people at work, as part of a broader equality, diversity and inclusion policy
How to support transgender and non-binary people at work, as part of a broader equality, diversity and inclusion policy
This guide gives people professionals an overview of steps that can be taken to improve inclusion for transgender and non-binary employees as part of an overall inclusion strategy. It should be used alongside the CIPD’s other EDI resources to support a proactive and informed approach to creating an inclusive workplace culture for everyone.
The Government Equalities Office defines ‘transgender’ as a term to refer to people who have changed their gender from the one that was given them when they were born. The term ‘non-binary’ refers to someone whose gender identity does not fit the binary male or female description.
This guide covers the legal frameworks applicable in this area and then elements of the employee lifecycle, from recruitment to exit. It also addresses issues around data protection and recognises the rights of people to hold differing views and beliefs around gender and sex.
The surrounding legal landscape and consequent good practice is changing and will continue to change. Of particular importance is the judgment of the Supreme Court in the case of For Women Scotland Ltd v Scottish Ministers in April 2025, which clarified the meaning of sex, male and female in the Equality Act 2010.
Key parts of our advice are informed by the Equality and Human Rights Commission's guidance in this space, given their role as the statutory body. The EHRC issued an interim update on 25 April 2025, with a further clarification on 23 June 2025. The clarification highlights requirements set out in the Workplace (Health, Safety and Welfare) Regulations 1992. This guidance has been reviewed to reflect the content of that interim update and clarification. The EHRC statutory guidance will be updated following a consultation that ran until 30 June 2025.
On 5 September 2025, the EHRC announced that it has submitted the updated code of practice for services, public functions and associations to the Minister for Women and Equalities for approval. We await confirmation on when this updated code of practice will become statutory guidance. We will update this guide in line with this updated code of practice once it becomes statutory guidance.
We are aware that some organisations, employees and practitioners have strong and varied views on both the EHRC guidance and the Supreme Court judgement. We recognise the implications of the interim update will cause challenges for many businesses and immediate impacts for employees.
Ultimately, the EHRC interim position on some key legal obligations is clear and organisations should therefore ensure that necessary support, communication and guidance is in place to address a sensitive issue compassionately, as they carry through any necessary changes to ensure they are meet these.
If you do need immediate practical support we would advise sourcing specific advice from an employment lawyer.
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