Transition and change to gender expression template

The legal context

The Equality Act 2010 and the Gender Recognition Act 2004 set out minimum requirements in relation to protection and recognition for trans people.

Firms must meet their duties under the Equality Act to avoid discrimination in employment and service provision.

We encourage firms to exceed the minimum threshold of legal protections that trans and non-binary people are guaranteed by this legislation, where possible and where not inconsistent with relevant law and statutory guidance.

This will help firms attract, retain and progress diverse talent in the profession.

Firms must also comply with:

• SRA Principle 6
• paragraph 1.1 of the SRA Code of Conduct for Firms

These require law firms to act in a way that encourages equality, diversity and inclusion (EDI).

The SRA also set out expectations in its approach to EDI guidance.

The SRA’s guidance for law firms on creating a trans inclusive workplace  also sets out good practice and provides information about ways in which firms can comply with Principle 6 and paragraph 1.1 in relation to trans equality.

Using this template is optional. It is not legal advice and it will not cover all scenarios

Each firm should consider its own unique circumstances.

The template reflects Equality and Human Rights Commission (EHRC) guidance.

We hope these materials will help firms comply with the legal requirements and help them embed EDI principles into their organisational practices and culture.

Legislation and guidance 

There are two key pieces of legislation concerning the rights of trans and non-binary people in the UK:

• Equality Act 2010
• Gender Recognition Act 2004

Equality Act 2010 – gender reassignment protections

The  Equality Act 2010  provides protection from discrimination and harassment in employment and service provision because of:

• age
• disability
• gender reassignment
• marriage and civil partnershis
• pregnancy and maternity
• race
• religion or belief
• sex
• sexual orientation

These are classified as protected characteristics under the act.

In the act, 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.

The EHRC’s Code of Practice for Employment (EHRC Code), which provides statutory guidance on interpreting the act, says the process referred to in this definition is a personal process rather than a medical process.

An Employment Tribunal decision in 2020 (Ms R Taylor v Jaguar Land Rover Ltd: 1304471/2018) found that a non-binary employee was protected under the gender reassignment definition in the Act.

EHRC code

The EHRC Code says that if a worker is undergoing gender reassignment, it’s good practice for the employer to consult with them sensitively about:

• their needs in the workplace, and
• whether there are reasonable and practical steps the employer can take to help the worker

It the EHRC Code recommends the employer should arrange to discuss sympathetically with the worker which toilet facilities they should use, their uniform and communications with other members of staff.

Firms should be aware that, as of May 2025, the EHRC has indicated it intends to update its codes of practice to reflect the recent Supreme Court decision in For Women Scotland v Scottish Ministers.

That judgment confirmed that sex for the purposes of the Equality Act means biological sex and not an individual’s acquired gender under a Gender Recognition Certificate or their gender identity, if this is different from their biological sex.

The EHRC has stated that pending the update of its codes, its view is that the effect of the judgment means:

• trans women should not use single-sex toilet and changing facilities which are reserved for women (and trans men should not use single-sex facilities reserved or men), and
• they should instead use single-sex facilities for their biological sex, where appropriate, or unisex provision where this is available

As guidance is evolving in this area, we recommend firms discuss these requirements sensitively with staff and should ensure they access updated EHRC guidance and/or codes when those are available to inform their approach.

Gender Recognition Act 2004

The Gender Recognition Act 2004 enables a trans adult (over 18) to apply for legal recognition in their “acquired gender” if they:

• have a medical diagnosis of gender dysphoria
• have lived in their acquired gender for two years or more, and
• intend to do so for the rest of their life

Under section 22, it’s an offence for an employer or prospective employer or an employee to disclose to any other person “protected information” if they have applied for or obtained a Gender Recognition Certificate, apart from for a very narrow range of purposes.

Resources

Explore our resources to support transgender and non-binary employees:

• transition and change to gender expression template (PDF 213 KB)
• pronouns policy (PDF 93 KB)
• HR guide (PDF 113 KB)
• managers guide (PDF 107 KB)