A new government workplace policy has placed civil servants under scrutiny over how they refer to transgender colleagues, warning that deliberate use of incorrect names or pronouns could lead to misconduct investigations and formal disciplinary action.
The guidance, issued as a model policy for Whitehall departments, states that officials may face sanctions if they intentionally “deadname” transgender colleagues by using their former names or “misgender” them by refusing to recognise their preferred gender identity.
Officials Warned Against Deliberate Misgendering and Deadnaming
The 29-page document, titled Policy and Guidance: Supporting Trans and Non-binary Employees, was prepared by the Cabinet Office and shared with government departments in May as a framework for supporting transgender and non-binary staff.
Marked as “official sensitive”, the document says deliberate actions intended to “deny, mock or invalidate” someone’s trans identity should be treated as potential misconduct.
However, the guidance acknowledges that mistakes can happen unintentionally, noting that accidental misgendering or the use of a previous name may occur.
It distinguishes between genuine errors and deliberate behaviour, stating that intentional attempts to undermine a colleague’s identity could trigger an investigation.
Trans Employees Could Receive Workplace Adjustments During Transition
The policy also outlines additional support measures for transgender civil servants undergoing transition, including the possibility of paid time away from work for medical appointments connected to their transition.
Under the guidance, employees would not necessarily need to be medically unfit to qualify for this time off, with departments encouraged to provide support during the transition process.
The policy also states that transgender civil servants should be able to update their names and gender details on workplace systems once they begin their transition.
Guidance Addresses Use of Single-Sex Facilities
The document also includes provisions relating to workplace facilities following a Supreme Court ruling on the legal meaning of biological sex.
It states that transgender civil servants “may not use facilities of your affirmed gender which are designated as single-sex” under circumstances covered by the ruling.
Instead, the guidance says employees must use either unisex facilities or facilities corresponding with their biological sex.
The policy adds that decisions about workplace arrangements must be discussed with management rather than decided by an individual employee alone.
“You will need to discuss the options and agree on the most suitable arrangement with your line manager,” the leaked document states.
Political Backlash Over Free Speech and Workplace Rules
The guidance has triggered criticism from some politicians and campaign groups who argue that workplace policies could restrict lawful discussions about sex and gender.
Shadow equalities minister Claire Coutinho warned that public organisations could be using concerns about causing offence to penalise people who express legally protected views.
She argued that employees should treat one another with respect but said individuals should not face punishment for maintaining beliefs about biological sex or for raising concerns about single-sex spaces.
Critics Challenge Rules on Pronouns and Gender Identity
Maya Forstater, chief executive of Sex Matters, welcomed the section addressing single-sex facilities but criticised the guidance’s approach to pronouns and misgendering.
She argued that many people hold the belief that biological sex cannot be changed and questioned whether refusing to use preferred pronouns should result in disciplinary action.
Forstater described the potential for formal sanctions over pronoun disputes as unfair and discriminatory.
Trans Rights Groups Condemn Policy as Harmful
Meanwhile, transgender advocacy groups have criticised the guidance, describing it as impractical and harmful to trans employees working across government departments.
Campaigners argue that the rules could create uncertainty in workplaces and increase pressure on transgender staff who rely on supportive policies.
They have called for clearer protections and warned that restrictions around identity recognition could negatively affect the wellbeing of trans civil servants.
Cabinet Office Faces Pressure Over Unpublished Document
Although the model policy has been circulated across Whitehall, the Cabinet Office has not yet released the full document publicly.
The debate surrounding the guidance reflects wider national arguments over balancing protections for transgender employees, workplace dignity, freedom of belief and the legal recognition of biological sex.
As government departments begin considering how to apply the policy, further scrutiny is expected over how the rules will operate in practice and how potential disputes will be handled.
