Coming out at work - 'Protected Characteristic' protections?
Discussion
So... I am transgender woman who has been transitioning for a little over a year now.
I am out to everyone in my personal life and have been for a while, but I have been hesitant about saying anything to work.
While I work for a large, nationally recognised company that is probably the one of the safest places within the motor trade to transition in... It is still the motor trade, a very much "Don't ask, don't tell" sort of mentality when it comes to a lot of things.
I REALLY wanted this job, so I didn't mention my gender identity when I interviewed because I thought it would work against me. And now I have it, because I am field based and rarely see my colleagues, it's been very easy to "not tell" and avoid the anxiety of coming out at work.
While I could continue to hide in the closet, I m being advised there is probably too much going on for me to keep it a secret forever (even tho I am willing - I love my job and don't want to put it at risk!)
I am been with the firm for coming up to a year. I flew through my probation period and had a 'permanent' contract at 6 months. The only contact I have had with management since then have been emails to pass on praise from clients and tell me that I am meeting my targets, so I assume my work performance isn't causing any issues at the moment
.
I have always worked off the assumption that below two years of service an employee can be terminated for pretty much anything. I have seen it happen at smaller firms plenty of the time when a face does not fit.
I have spoken to a few people and they say that I shouldn't worry about as gender transition is a 'protected characteristic' which would leave some recourse in the event of things going wrong.
But I am not sure how solid these protections are in the real world?
I know it is highly unlikely that I would terminated directly for being trans, but I know that it would be fairly easy to manipulate work loads and figures to make a case for under performing/justify redundancy. In which case I don't think I would have much recourse?
Sorry to ramble so much, but i am kinda freaking out and would love a bit of advice from the PH employement gurus if poss.
Thank you for reading
Jas.
I am out to everyone in my personal life and have been for a while, but I have been hesitant about saying anything to work.
While I work for a large, nationally recognised company that is probably the one of the safest places within the motor trade to transition in... It is still the motor trade, a very much "Don't ask, don't tell" sort of mentality when it comes to a lot of things.
I REALLY wanted this job, so I didn't mention my gender identity when I interviewed because I thought it would work against me. And now I have it, because I am field based and rarely see my colleagues, it's been very easy to "not tell" and avoid the anxiety of coming out at work.
While I could continue to hide in the closet, I m being advised there is probably too much going on for me to keep it a secret forever (even tho I am willing - I love my job and don't want to put it at risk!)
I am been with the firm for coming up to a year. I flew through my probation period and had a 'permanent' contract at 6 months. The only contact I have had with management since then have been emails to pass on praise from clients and tell me that I am meeting my targets, so I assume my work performance isn't causing any issues at the moment
.I have always worked off the assumption that below two years of service an employee can be terminated for pretty much anything. I have seen it happen at smaller firms plenty of the time when a face does not fit.
I have spoken to a few people and they say that I shouldn't worry about as gender transition is a 'protected characteristic' which would leave some recourse in the event of things going wrong.
But I am not sure how solid these protections are in the real world?
I know it is highly unlikely that I would terminated directly for being trans, but I know that it would be fairly easy to manipulate work loads and figures to make a case for under performing/justify redundancy. In which case I don't think I would have much recourse?
Sorry to ramble so much, but i am kinda freaking out and would love a bit of advice from the PH employement gurus if poss.
Thank you for reading
Jas.
Hi Jas
I work in HR for a large FMCG.
Firstly, good luck with it, it is not easy. However I do think people will only make a big deal of it if you do. So I would encourage to confide quietly in a couple of people and let it *spread* organically rather than do anything formal (or dramatic !)
In my organization there is an LGBTQ Network - does yours have anything similar, or a diversity director, I know they are more common in the very big Multinations. (Perhaps somewhere you could go for advice). Or a sympathetic ear in HR ?)
On your question. In the end if a company wants you out they will usually achieve it one way or another. So you are right to be concerned. For a company to get you out legally is not impossible.
Keep all the positive customer comments, keep copies of your targets, and your performance against targets and anything from managers in terms of performance reviews, emails praising your work that type of thing. This is your base line data.
Once you decide to come out, if these things (especially) targets / expectations change then you have good source data - before and after.
Discrimination legislation applies to all employees regardless of length of service.
They can sack you for no reason whatsoever, yes. It would up to an ET (and largely evidence collected by you) to determine whether there was a reason and that reason was discriminatory.
I work in HR for a large FMCG.
Firstly, good luck with it, it is not easy. However I do think people will only make a big deal of it if you do. So I would encourage to confide quietly in a couple of people and let it *spread* organically rather than do anything formal (or dramatic !)
In my organization there is an LGBTQ Network - does yours have anything similar, or a diversity director, I know they are more common in the very big Multinations. (Perhaps somewhere you could go for advice). Or a sympathetic ear in HR ?)
On your question. In the end if a company wants you out they will usually achieve it one way or another. So you are right to be concerned. For a company to get you out legally is not impossible.
Keep all the positive customer comments, keep copies of your targets, and your performance against targets and anything from managers in terms of performance reviews, emails praising your work that type of thing. This is your base line data.
Once you decide to come out, if these things (especially) targets / expectations change then you have good source data - before and after.
Discrimination legislation applies to all employees regardless of length of service.
They can sack you for no reason whatsoever, yes. It would up to an ET (and largely evidence collected by you) to determine whether there was a reason and that reason was discriminatory.
Gargamel said:
Hi Jas
I work in HR for a large FMCG.
Firstly, good luck with it, it is not easy. However I do think people will only make a big deal of it if you do. So I would encourage to confide quietly in a couple of people and let it *spread* organically rather than do anything formal (or dramatic !)
In my organization there is an LGBTQ Network - does yours have anything similar, or a diversity director, I know they are more common in the very big Multinations. (Perhaps somewhere you could go for advice). Or a sympathetic ear in HR ?)
On your question. In the end if a company wants you out they will usually achieve it one way or another. So you are right to be concerned. For a company to get you out legally is not impossible.
Keep all the positive customer comments, keep copies of your targets, and your performance against targets and anything from managers in terms of performance reviews, emails praising your work that type of thing. This is your base line data.
Once you decide to come out, if these things (especially) targets / expectations change then you have good source data - before and after.
Discrimination legislation applies to all employees regardless of length of service.
They can sack you for no reason whatsoever, yes. It would up to an ET (and largely evidence collected by you) to determine whether there was a reason and that reason was discriminatory.
Thank you so much for the reply!I work in HR for a large FMCG.
Firstly, good luck with it, it is not easy. However I do think people will only make a big deal of it if you do. So I would encourage to confide quietly in a couple of people and let it *spread* organically rather than do anything formal (or dramatic !)
In my organization there is an LGBTQ Network - does yours have anything similar, or a diversity director, I know they are more common in the very big Multinations. (Perhaps somewhere you could go for advice). Or a sympathetic ear in HR ?)
On your question. In the end if a company wants you out they will usually achieve it one way or another. So you are right to be concerned. For a company to get you out legally is not impossible.
Keep all the positive customer comments, keep copies of your targets, and your performance against targets and anything from managers in terms of performance reviews, emails praising your work that type of thing. This is your base line data.
Once you decide to come out, if these things (especially) targets / expectations change then you have good source data - before and after.
Discrimination legislation applies to all employees regardless of length of service.
They can sack you for no reason whatsoever, yes. It would up to an ET (and largely evidence collected by you) to determine whether there was a reason and that reason was discriminatory.
As far as I know there isn't a LGBTQ+ network at work. I found a diversity policy on the intranet that mentions we have a "People's officer" but I guess I would need to go through HR to get in contact with them.
I 'know' higher up people, including the director of operations for my department, but I really don't want to step on any toes or p anyone off. My thinking was just to tell my line manager and see what he advises.
My union advised that we schedule a formal meeting directly with HR ASAP, to bring my rep and make it very clear to HR what I want, but again, I think that is too OTT?
I just want to keep doing a job that I am good at and enjoy, but use MY name. That is the only practical thing that would change. We have a uniform that is not gendered, and I have already changed my presentation as much as is practically possible within my role at this stage of my journey.
But in that... It is just a change of name, that potentially could cause me to lose my career and livelihood. I am under no illusions that I will be able to get re-employment in this trade again as a trans person if I were to lose this job for whatever reason, so that fear over rules all at the moment. Going from a great job that I love to the job centre.
I think I will do as you suggest - Start making detailed records of my work performance for the next couple of months and then open communication with my line manager at a later date when I have a little bit more in the way of evidence the back me up if things start to go pear shaped.
Thanks again!
Good Luck, I think the union advice is a little bit militant - almost confrontational.
Find out who the people officer is, as a first step, just some gentle asking around or under another pre text. You can make a judgement call as to whether to ask their advice - I am guessing their linkedin might reveal how sympathetic they might be.
Your line manager is likely to be out of their depth immediately you speak to them (as an employer). I would start by telling them over a coffee or a beer, and say its a change you have been thinking about for a while, and let them know that its a big step and how much you hope people will be supportive or neutral (eg try to recruit them a little bit) Ask them for a bit of advice, generally try to make it low key and un threatening.
I think bowling in with the Union Rep and a formal meeting as a first up looks threatening and is unlikely to gather support... if you see what I mean.
Ultimately I doubt they will want to lose a good employee.
WorldBoss said:
I have spoken to a few people and they say that I shouldn't worry about as gender transition is a 'protected characteristic' which would leave some recourse in the event of things going wrong.
That is correct. As a discriminatory ground you are protected at all material times (which would include during the interview process).In the real world such rights are enforceable and I do so regularly. In respect of your specific question it would be difficult for them to suggest that your performance suddenly changed following your disclosure. A Tribunal is alive to such things and can see through fabrications of this nature.
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