A leaked Cabinet Office document warns that civil servants could face disciplinary action if they deliberately misgender or deadname a transgender colleague. The confidential guidance, marked “official sensitive”, says intentionally referring to a colleague by their former name or using incorrect pronouns to “deny, mock or invalidate” their transgender identity may amount to misconduct and should be investigated.
Guidance on treatment of transgender staff
The document sets out how transgender employees should be treated across government departments. Managers are expected to establish whether mistakes resulted from factors such as memory problems or a neurodivergent condition before taking action.
Cabinet Office response
A Cabinet Office spokesman said: “Under legislation, as has been the case under successive governments, policy which is under development is not released to ensure advice can be discussed freely without undue public interest.” He added: “Departments are expected to update their own HR policies, and these are currently under review. This guidance supports them to do that, and it would be inappropriate to comment while this is ongoing.”
Supreme Court ruling impact
The guidance follows last year’s Supreme Court ruling that the terms “woman” and “sex” in the Equality Act refer to biological sex. As a result, transgender civil servants could be told they cannot use facilities designated exclusively for members of their affirmed gender, including certain toilets and changing rooms. Guidance on the use of single-sex spaces will come into force on August 5 under a code of practice covering England, Scotland and Wales, published in draft form in May.
