Human Resources - Equal opportunities in employment protocol (L1300)

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1.0 Summary of Changes

1.1 This protocol was reviewed on 18th March 2024 – the following amendments have been made:

minor amendments have been made to the language throughout the protocol;
updates to section 3.6.1 the table of support networks and 3.1 – transgender

2.0 What this Protocol is about

2.1 This protocol is to assist managers and staff in relation to the legislative background and the practical ways of implementing the procedure to ensure equal opportunity in employment is applied across all areas of Essex Police and Kent Police.

2.2 Managers and supervisors have responsibility to support and implement this protocol; this includes ensuring that all their staff are aware of, and understand, the protocol. When supervisors become aware of incidents that contravene this protocol, they must take appropriate corrective action. Failure to comply with this protocol may be a disciplinary offence and may also be unlawful.

2.3 No employee or potential employee shall be treated less favourably on the grounds of age, disability, gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sex, sexual orientation, dependents, trade union, staff association activity, health status, economic status, or any other characteristic about an individual.

2.4 It is the aim of Essex Police and Kent Police to provide a working environment where everybody is treated with dignity and respect. Essex Police and Kent Police finds all forms of harassment or bullying unacceptable and our goal is to achieve a workplace culture where individuals are confident to challenge inappropriate or unprofessional behaviour, without fear of ridicule or victimisation.

2.5 This protocol will also provide guidance to all members of the force on the issues surrounding dyslexia, neurodiversity, and how best to support the individuals affected, appropriately and professionally, to overcome any difficulties they may encounter in the workplace.

Compliance with this protocol and any governing policy is mandatory. This protocol is not, nor is it intended to be, contractual.

3.0 Detail the Protocol

3.1 The Equality Act 2010 is the legislation that seeks to eliminates unlawful direct or indirect discrimination, including discrimination by perception, discrimination by association, victimisation and harassment. It is also unlawful to exert pressure on someone to cause them to discriminate.

3.2 Legislative duties. Our determination to promote equality and diversity is not merely driven by the need to meet legislation, but as set out in the force DEI Strategy, there is business case, moral case, and policing ethics case for doing so. To ensure that we comply with these duties and values, we will:

Monitor and review our procedures/protocols to ensure that we do not discriminate;
Act swiftly to investigate and resolve incidents and allegations of harassment or discrimination;
Actively consult and engage with people from diverse groups on any procedures/protocols likely to affect them;
Monitor staff recruitment, retention and progression, including training, disciplinary and grievance procedures/protocols, to check for discrimination;
Provide police officer, staff and volunteers with relevant training.

3.3 The Equality Act 2010

3.3.1 The Act brought together all the legal requirements on equality that the private, public and voluntary sectors need to follow in both employment and service delivery.

3.3.2 The law prohibits discrimination (both direct and indirect), harassment and victimisation in the workplace (see L 1760 Protocol – Personal Harassment). Victimisation occurs when one employee is subject to detriment because s/he made or supported a complaint or a grievance under the Equality Act 2010, or because s/he is suspected of doing so or is about to do so.

3.3.3 The Act also protects people at work from being discriminated against because they are, or perceived to be, associated with one of the protected characteristics (see below). Legislation also makes it unlawful to exert pressure on someone to cause them to discriminate.

3.3.4 Understanding the Equality Act 2010 – a starter kit is published on the force intranet to assist staff in understanding the Force’s, and personal, obligations under the Act.

3.4 Protected Characteristics

3.4.1 The force will comply with legislation that protects people from discrimination at work on the basis of certain protected characteristics listed in current legislation. These are:

Age
Disability
Gender reassignment
Marriage or civil partnership
Pregnancy and maternity
Race
Religion or belief
Sex (gender)
Sexual orientation

3.4.2 Additionally, no employee or potential employee shall be treated less favourably on the grounds of trade union, staff association membership, or non-membership.

3.4.3 We aspire to build an inclusive and supportive working environment that encourages development and progression of all staff. This includes:

Providing a working environment that values and respects the identity, ability and culture of each individual and that challenges discrimination, harassment, bullying and victimisation;
Employing and developing a workforce which reflects the diverse communities of Essex and Kent;
Training and developing our workforce to recognise the value of equality and human rights for policing, and that managers are meeting the needs of a diverse workforce;
Ensuring the public and workforce has confidence in our professional standards and disciplinary procedures.

3.4.4 We will know we are successful when:

Our workforce better reflects the diverse communities in Essex and Kent;
Our employees have been trained on diversity and inclusion issues, and are confident in delivering equal outcomes in the performance of their workplace duties;
Our employees understand that policing values and diversity values are intrinsic to each other;
All our managers and supervisors have been trained to understand the performance appraisal and conflict resolution procedures;
Staff support groups for age, disability, gender, gender reassignment, race, religion, sexual orientation, maternity are in place and say that they are valued by the organisation;
When we have a confident working culture where prejudice and discrimination on any grounds are challenged and not tolerated.

3.4.5 Implementation will involve:

Effective employee/management partnership in relation to equality and diversity initiatives, with the active involvement of Staff Support Groups;
Local and corporate EDI boards and action planning;
Consultation with IAGs;
Monitoring our staff recruitment, retention and progression, including training, disciplinary and grievance procedures/protocols, to check for discrimination. Publish these results in our annual progress report, sharing information with our key stakeholders;
Providing staff with the necessary training.

3.5 Equal Opportunity in Protocol and Procedures

3.5.1 All protocols and procedures will be drawn up in accordance with the principles of fair practice and equality of opportunity and are subject to an equality impact assessment. Protocols are monitored for fairness by the policy reviewer.

3.5.2 Putting protocol into practice - The commitment to fair practice is an integral part of all daily business activities and is therefore integrated into all Essex Police and Kent Police policies, procedures and protocols including the Service Standard, the Equality Strategy, the Policing and Performance Plan and LPA/Divisional and Department Policing and Performance Plans.

3.6 Support at Work

3.6 1 If you have a problem at work there are many people who you can turn to for help. The most appropriate person will depend on the circumstances. These include:

Essex Police	Kent Police
Your Line Manager	Your Line Manager
Human Resources - HR Services Page	Human Resources - HR Services Page
Occupational Health & Wellbeing Department	Occupational Health & Welfare Wellbeing Department
Disability & Carers Network	Enable (Disability Support Group)
LGBTQ+ Network	LGBT+ Network
Christian Police Association	Kent Christian Police Association
Catholic Police Guild
Chaplains	Kent Police Chaplaincy
Minority Ethnic Support Association (MESA)	Race Equality Network (REN)
Women's Leadership and Development Forum (WLDF)	Kent Network of Women (KNOW)
Menopause Support Network	Menopause Support Group
HELP Forum	Armed Forces Network
Essex Police Men’s Forum	Men’s Forum
Unison	Unison
Federation	Federation
Fairplay Advisers Network	Gypsy Roma Traveller Police Assoc.
	Kent Police Agile Community

3.6.2 If you believe that you have been unfairly treated and initial contact with your line manager has not solved the problem you can invoke the grievance protocol as detailed in L 1420 Protocol - Grievance.

3.6.3 Organisational need. This refers to exceptional situations when a management decision needs to be taken, for a genuine business need, which takes priority over the usual criteria for recruitment, selection, deployment or training.

3.6.4 In this case all decisions should be clearly documented in writing and justified to the Head of Resourcing. The process should be as open and transparent as possible.

3.6.5 The following list is not exhaustive, but gives examples of situations when organisational need might need to be applied:

When specialist skills are required for a particular role;
To address a significant skills or experience imbalance in a particular area;
To ensure the organisation receives an adequate return from expensive specialist training;
To meet an urgent resourcing need where there is a critical time imperative;
Health and/or welfare grounds;
To resolve a grievance or disciplinary situation;
Redeployment at a time of organisational change.

3.7 Disability

3.7.1 Reference to disability within this protocol is as defined in the Equality Act 2010, which states that a person has a disability if s/he has a physical or mental impairment, which has a substantial or long-term adverse effect on his/ her ability to carry out day-to-day activities.

3.7.2 The Equality Act covers long term illness such as cancer, MS & HIV which are covered from the date of diagnosis.

3.7.3 Unlike any other Equalities legislation the Act allows for positive discrimination for those covered by the disabilities defined above.

3.7.4 Recruitment and selection – below are listed Essex Police and Kent Police protocols on police and police staff recruitment. They explain individual rights and obligations with regard to disability during the recruitment/ selection process. In line with the Disability Confident Symbol standard all disabled candidates who meet the minimum requirements for the role will be offered an interview. Any candidate declaring a disability must be contacted prior to interview to ascertain any additional access requirements or reasonable adjustments that may be required. The interview process may be amended as a reasonable adjustment if the process is likely to disadvantage a disabled candidate:

Essex Police

o L 10000 Protocol – Recruitment and Selection of Police Staff – Essex Only

Kent Police

o L 1840 Protocol – Police Recruitment

o L 11140 Protocol – Police Staff Selection

3.7.4.1 Internal selection procedures will follow the same criteria as for external appointments. No one will be discriminated against on the basis of their disability but will be assessed on their ability to do the job.

3.7.4.2 In order to enable a disabled person to take up employment with Essex Police or Kent Police or to retain an employee who becomes disabled, we have a duty to provide reasonable adjustments. Local SLTs are responsible for arranging the purchase of specialist equipment or minor alterations to the working environment via the Business Centre. More major adaptations may need to be discussed with central departments, such as Estates, Human Resources, Corporate Diversity which may also include altering formal and informal policies, processes and practices to remove any disadvantages that an individual with a disability may experience.

3.7.4.3 All managers and supervisors have a duty to develop an understanding of disability issues. Managers should never make assumptions about what an individual can do or what adjustments will be required. Any decisions relating to a member of staff with a disability should be made through full consultation with the individual. It may be necessary to seek additional guidance via Human Resources - HR Services page, Occupational Health, Health & Safety, Crystal Clear (Kent) Disability Support Network (Essex) or an outside Medical practitioner or expert. Advice and financial assistance for reasonable adjustments may be obtained from Access to Work via Jobcentre plus. Reasonable adjustments need to be reviewed annually or when the condition changes to ensure they are still relevant and effective.

3.7.4.4 If a member of staff becomes disabled during employment, every effort should be made to provide appropriate support to retain them in their original role. An individual risk assessment will be required. The manager should conduct the risk assessment in conjunction with the employee with support from the Human Resources - HR Services page, Occupational Health or the Force Health and Safety Adviser. Risk assessments should be reviewed annually or when the condition changes to ensure they are still relevant and effective.

3.7.4.5 Individuals will take responsibility for notifying the force of their disability and any changes to their disability that may affect their performance in their job role. This is particularly important for those who have or not known or not obvious disabilities. The force may only be expected to offer support and make reasonable adjustments if they know about a disability.

3.7.5 Attendance management – Essex Police and Kent Police have a separate protocol covering absence reporting and monitoring L 180 Protocol – Managing Attendance.

3.7.6 All members of Essex Police and Kent Police must respect the confidentiality of colleagues in relation to disability. In practical terms this means that any manager or occupational health advisor, who learns about a disability or could reasonably be expected to know that a member of staff is disabled needs to discuss it with the individual. In some cases, it may be that certain other colleagues need to know about the disability, its effects, symptoms or the impact on day-to-day activities. In this case the individual’s consent should be sought after explaining why it is necessary for others to be told about the disability. Where consent is withheld, managers should seek advice from Occupational Health or Human Resources - HR Services. In other cases, colleagues may only need to know that reasonable adjustment will be made but not the precise reason why.

3.7.7 An exit interview should be offered to all employees leaving the force. This is designed to ascertain the reason for their resignation and to check that their decision to leave has not been influenced by lack of access to facilities or provision of appropriate working practices.

3.7.8 Any officer or member of staff who feels they have been disadvantaged or discriminated against on the basis of a disability should in the first instance discuss this with their line manager and/or may invoke the grievance resolution protocol as detailed in L 1420 Protocol - Grievance.

3.8 Dyslexia

3.8.1 Dyslexia is a combination of abilities and difficulties that affects the processing of information. Those who are dyslexic may have experienced difficulties in acquiring skills in reading, writing, spelling and numeracy but this list is not exhaustive.

3.8.2 In some cases the effects of dyslexia may be severe enough for an individual to fall within the protection of the Equality Act 2010 (formerly the Disability Discrimination Act 1995), which applies to all police officers, special constables and police staff.

3.8.3 We have a duty to explore about different ways of working in order to support the needs of those who are dyslexic. Further information is available on the Collaborative Dyslexia in the Workplace pages.

3.8.4 It is also best practice to consider supportive measures for staff that display indicators of dyslexia even if they have not yet been formally diagnosed. Being aware of dyslexia in the workplace is good employment practice. An environment that successfully accommodates dyslexic officers and staff will bring out the best in everyone. As highlighted above those who are dyslexic represent a significant resource in the labour market and at work their talents can be under used. Those who are dyslexic may require some adjustments in the workplace that can be simple and inexpensive. Without these adjustments good candidates may not apply and excellent employees may be underused or even lost. Some may not be aware that they are dyslexic but are well aware of their difficulties.

3.8.5 Applicant has diagnosis prior to application (police officers) – Essex Police and Kent Police apply the national recruitment test for police officers. This does not present a barrier to those with mild dyslexia and forces are finding applicants with undiagnosed dyslexia are capable of passing the assessment centre. Candidates who declare they are dyslexic prior to assessment centre and produce the relevant psychologist assessment may have the right to reasonable adjustments. This may mean an extension to timings for written parts of the assessment centre (CoP advise on each individual case). As the assessment centre adheres to strict time controls this would lead to candidates who are dyslexic being grouped together as a separate syndicate. The costs to the organisation are minimal and focus solely on the provision of an additional syndicate, which may only be for one candidate.

3.8.6 Applicant has diagnosis prior to application (police staff) – where a candidate declares they are dyslexic on their application form and produces a psychologist assessment, they will have the right to reasonable adjustments in the recruitment process and if successfully appointed reasonable adjustments in order to perform the role. The line manager will arrange this in consultation with Human Resources - HR Services page. The costs of reasonable adjustments will be met from the reasonable adjustment budget.

3.8.7 Dyslexia identified once in employment – where a member of the force is identified as potentially being dyslexic, they will be screened, assessed and then if appropriate make an application to access to work for any necessary reasonable adjustments to be identified. In this instance all costs involved in obtaining the psychologists assessment and in making the reasonable adjustment will be met from the reasonable adjustment budget.

3.8.8 Formal assessment – the formal assessment of an individual once in employment must be carried out by a qualified Educational Psychologist. The provider approved for use by:

• Essex Police is Colin Moxham, Occupational Psychologist - email: [email protected]. Essex Police will meet the full cost of the assessment fee from the reasonable adjustment budget which must be arranged via a HR Advisor;

• Kent Police

Ashford Dyslexia Centre

The Annexe, Live It Well Centre, Canterbury Road,

Ashford, TN24 8QF

01233 750248

3.9 Reasonable Adjustments

3.9.1 Reasonable adjustments - where an individual does fall within the protection of the Equality Act 2010, there is a legal duty to consider what ‘reasonable adjustments’ might need to be put in place to overcome any disadvantage the person may otherwise experience in carrying out their role. As the severity and nature of dyslexia varies so do the strategies that help people overcome problems in employment and training. The majority of these are inexpensive and uncomplicated. However, should additional costs be incurred, for example voice activated software, the employee can apply for funding through the Government's Access to Work scheme. Specialist advice is essential to determine the most appropriate adjustments for a particular individual.

3.9.2 Access to work – where an individual requires reasonable adjustments for dyslexia, the application must be made by the individual at the earliest opportunity by telephone on 0345 268 8489. An adviser from access to work will arrange for an assessor to assess the individual in the workplace and advise as to the equipment required as a reasonable adjustment. Essex Police and Kent Police will then be required to fund the first £1,000 plus 20% of the total cost for any equipment required from the reasonable adjustment budget.

3.10 Religion and Belief

3.10.1 Unfair discrimination, inappropriate behaviour or insensitivity on the grounds of religious belief is totally unacceptable. Where staff consider that they have been treated unfairly on these grounds, this should be reported in the first instance to their line manager. If the matter is not resolved it can be dealt with by use of the grievance protocol or by a report to the Professional Standards Department (PSD).

3.10.2 The provisions of the Equality Act 2010 make it unlawful to:

Discriminate directly against anyone. That is, to treat them less favourably than others because of their religion or belief;
Discriminate indirectly against anyone. That is, to apply a criterion, provision or practice which disadvantages people of a particular religion or belief unless it can be objectively justified;
Subject someone to harassment. Harassment is unwanted conduct that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment having regard to all the circumstances and the perception of the victim;
Victimise someone because they have made or intend to make a complaint or allegation or have given or intend to give evidence in relation to a complaint of discrimination on the grounds of religion or belief;
Discriminate or harass someone in certain circumstances after the working relationship has ended.

3.10.3 Religion or belief is defined as being any religion, religious or philosophical belief and includes the lack of religion or belief.

3.10.4 It will be for the Employment Tribunals and other Courts to decide whether particular circumstances are covered by the regulations. In most applications to a tribunal it will be clear what is or is not a religion or a similar belief. They may consider a number of factors when deciding what is a religion or similar belief such as collective worship, a clear belief system, and a profound belief affecting the way of life or view of the world. Employers should be aware that these regulations extend beyond the better-known religions and faiths to include beliefs such as Paganism and Humanism.

3.10.5 Prayer

3.10.5.1 The Force acknowledges that some religions and beliefs have a requirement for their members to pray or meditate on a regular basis.

3.10.5.2 Staff will be allowed time within the working day to practice their faith. However, this will not be treated as duty time, and must be made up at the beginning or end of the shift, or by other local arrangements. Flexible arrangements, if possible, should be put in place, which may include the rescheduling of rest breaks. Where a member of staff takes time off during their normal working time this must be recorded using the duty recording system.

3.10.5.3 Consideration may be given to allow staff to leave their place of work to attend a religious event. This will not be in duty time and should be recorded through the relevant time keeping system. Line Managers will attempt to reschedule rest days or grant leave to enable staff to attend religious festivals, where operational exigencies permit. Staff should submit such a request giving reasonable notice in order to allow sufficient arrangements to be made.

3.10.5.4 Essex Police and Kent Police have identified quiet and private places within the policing LPAs/Divisions, which can be used by staff and visitors for varying purposes including observations of faith. Whilst it may not be able to provide this facility as a permanent arrangement, supervisors should try to provide suitable accommodation where possible.

3.10.6 Dress

3.10.6.1 Essex Police, in line with procedure C 3022 Procedure - Standards of Appearance and Kent Police in line with P06 Uniform and Appearance will ensure that reasonable arrangements are made to ensure items of uniform are available to meet the religious and cultural needs of all staff.

3.10.6.2 Where police officers and staff are deployed in non-uniform roles, traditional clothing may be worn in the workplace. When jewellery has a religious or cultural significance this can be permitted provided there is no unacceptable risk to health and safety and it does not undermine a professional image being portrayed to the public. For further guidance reference should be made to:

Essex Police - C 3022 Procedure - Standards of Appearance;
Kent Police - P06 Uniform and Appearance.

3.10.7 Diet

3.10.7.1 Some religious groups have particular dietary requirements. Where catering is provided for conferences or events, Essex Police and Kent Police will make reasonable arrangements with catering suppliers to accommodate these needs as far as possible, provided a request is made in advance.

3.10.7.2 Several faiths advocate fasting, where food and water may be strictly forbidden for several hours. This should be discussed with the individual and, where appropriate, possible shift changes should be made to allow working hours and breaks to coincide with the time the fast is broken.

3.10.8 Bank Holidays as Religiously Observed

3.10.8.1 Essex Police and Kent Police allow for eight bank holidays, of which three relate specifically to the Christian calendar. These are Good Friday, Easter Monday and Christmas day. However, the forces recognise that officers and staff will have different faiths.

3.10.8.2 Police officers and staff may request to work on the three bank holidays related to the Christian calendar in order to take the time off on their own personal religious festivals. This request will then be considered against the operational needs of the force and available funding provided to support policing services on that particular day.

3.10.8.3 Police officers and staff should submit such requests by written notification to their line manager providing reasonable notice to consider the request and enable alternative arrangements to be made.

3.10.8.4 Risk assessments should be conducted where a member of staff chooses to reschedule a bank holiday to an alternative religious festival to ensure they are not placed in a situation of lone working.

3.10.9 On-call Rotas

3.10.9.1 Some officers may need to be called into work from home to address particular operational situations. Where this occurs, officers and staff may be held on a rota to be ‘on-call’. Further information is contained in L 1660 Protocol - Police Officer – Overtime and On Call.

3.10.9.2 However, it is noted that certain officers may wish to protect their ability to observe religious beliefs on particular dates. In view of this the officer should raise this issue at the time the on call rota is formulated and in consultation with their line manager. Wherever possible Essex Police and Kent Police will seek to support the officer’s request and in turn the officer should adopt a flexible approach in line with the needs of the service.

3.10.9.3 Short notice placements to cover emergency on call requirements should be, if possible, avoided. However, if they are operationally necessary, they should be undertaken in consultation with the selected officer to ensure that wherever possible it does not prevent their ability to attend or observe a particular religious event.

3.10.10 Offensive Language

3.10.10.1 Certain words, phrases, or types of humour may cause significant offence to colleagues of different protected characteristics. Inappropriate behaviour or comments will not be tolerated and effort should be made by supervisors to challenge this under the Code of Ethics / Standards of Professional Behaviour to resolve the matter immediately. Or under the provision of the grievance protocol contained in

L 1420 Protocol – Grievance. The staff glossary of DEI and Disability terminology should be referred to.

3.10.10.2 More serious or repeated incidents may constitute offences of harassment under the Equality Act 2010. When this occurs guidance should be sought from the Professional Standards Department as to the course of action to be taken.

3.11 Transgender

3.11.1 The Equality Act 2010 protects an individual under the gender reassignment protected characteristic from when the individual:

Makes their intentions known to someone;
Proposes to undergo gender reassignment, even if they take no further steps or decide to stop later;
Starts or continues to dress, behave or live (full time or part time) in the gender they identify with;
Undergoes treatment related to gender reassignment; or
Has received gender recognition under the Gender Recognition Act 2004.

3.11.2 The individual does not have to have reached an irrevocable decision that they will undergo gender reassignment, but as soon as there is manifestation of this intention they are protected. The Act no longer requires a person to be under any medical supervision to be protected.

3.11.3 The Equality Act 2010 also brought in harassment by a third party. This means an employer can potentially be liable for harassment of their staff by people they do not employ.

3.11.4 Gender Recognition Certificate (GRC)

3.11.4.1 A GRC is a document issued by the Gender Recognition Panel that gives the transgender person legal recognition in their new / felt gender. It enables a change of legal sex by way of reissue of a birth certificate. It is not a requirement for the person to have undergone gender reassignment surgery to obtain a GRC, however they must have lived in their new/felt gender for a minimum of two years.

3.11.4.2 It should be noted that not all those who are undergoing gender reassignment will wish to obtain a GRC.

3.11.4.3 This protocol makes reference to the GRC in order that those who do hold a certificate, or those who plan to, know how Essex Police and Kent Police will deal with this.

3.11.4.4 A member of staff who has expressed the desire to undergo gender reassignment should make contact with the HR Adviser/Partner or Equality and Diversity Co-ordinator (Essex) or Diversity and Internal Inclusion Co-ordinator (Kent). They have an understanding of the processes that need to take place and relevant contacts and are able to give guidance to the line manager or supervisor as well as provide support for the individual undergoing or considering undergoing the gender reassignment process. Also, it allows for discussion to be had between both parties on how to manage the reassignment process with the wishes and the welfare of the individual undergoing gender reassignment being paramount.

3.11.4.5 See the Managers Checklist Essex / Mangers Checklist Kent for gender reassignment/transitioning work place for transgender/non-binary employees.

3.11.5 Recruitment and Selection

3.11.5.1 Essex Police and Kent Police welcomes applications for employment as a member of police staff or a police officer from transgender people, and all applicants can be assured of equal and fair treatment.

3.11.5.2 Any applicant who is intending to undergo, is undergoing or has undergone gender reassignment will not be required to disclose their status as part of any recruitment and selection process unless they choose to do so under our voluntary equal opportunities monitoring process.

3.11.5.3 Vetting - You are required to provide information that is protected under the Equality Act 2010 and the Gender Recognition Act 2004. If you have concerns prior to submitting a form, please email vetting team for a confidential discussion.

3.11.6 Gender Re-assignment / Expression

3.11.6.1 Support will be paramount when dealing with members of staff undergoing, wishing to undergo or who have undergone gender reassignment. Confidentiality will be the prime consideration and only those who need to know would be informed with the express permission from the individual.

3.11.6.2 Individuals intending to commence gender reassignment should notify the HR Adviser/Partner or the Equality and Diversity Co-ordinator (Essex) or Diversity and Internal Inclusion Co-ordinator (Kent) for support and guidance. This will allow Essex Police and Kent Police to ensure the individual receives the appropriate support.

3.11.6.3 These discussions may include:

Staying in the individual's current post or temporary redeployment;
Expected point of change of name, personal details and social gender;
Whether the individual wants to inform their line manager and colleagues themselves;
Necessary amendments to records and systems;
Whether training or briefing of colleagues is needed and when this would be appropriate; and
How any harassment or hostile reactions will be dealt with.

3.11.6.4 Temporary redeployment during gender reassignment: If an individual requests to be redeployed whilst undergoing the gender reassignment process, Essex Police and Kent Police will take all reasonable steps to provide a suitable alternative role for an agreed period. Within this time review dates should be set for the individual’s line manager and the individual to meet to discuss the redeployment i.e. The agreed period might need to change, or the redeployment role itself may need to change etc.

3.11.6.5 It should not be assumed by the organisation that the individual will wish to be redeployed and only by full discussion and agreement with the individual should temporary redeployment be considered.

3.11.6.6 Change in gender - As part of the gender reassignment process the individual will decide on an appropriate point to begin living and presenting full time in their true / felt gender. This point may also signify the beginning of what is known in treatment guidelines as 'the real life experience'. In preparation for this change the individual will need to discuss how they wish the transition to be managed within the workplace in consultation with the HR Adviser/Partner or Equality and Diversity Co-ordinator(Essex) or Diversity and Internal Inclusion Co-ordinator (Kent), as to how this can best be managed with regards to line manager, colleagues the individual works with, and with other members of the organisation who may need to know. (The number of people this needs to be disclosed to should be kept to a minimum).

3.11.6.7 Use of facilities - When the individual is presenting in their true /felt gender, then they should use the facilities of that gender. Individuals undergoing gender reassignment should not be expected to use separate facilities, however they may choose to which will be facilitated.

3.11.6.8 Attendance management - the organisation recognises that this is not an illness but in order to record the leave it will be logged as an absence. An individual's absences that are due to considering undergoing, undergoing or having undergone gender reassignment will be treated the same as if they were absent due to illness or injury. Absences relating to gender reassignment will be not be logged as elective. Therefore, the absence will be managed in accordance with L 180 Protocol – Managing Attendance.

3.11.6.9 Personnel Records - The HR Adviser/Partner has experience of this and can provide practical guidance. The personnel records for transgender members of staff will not make any reference to a previous name; records made prior to the name change will be updated. These include personnel records, vetting records, personal files, absence management and occupational health records, driver records, training records, computer systems, administration records etc.

3.11.6.10 The personnel records for transgender members of staff, irrespective of whether a GRC is held, referring to their previous gender, which cannot be amended and needs to be retained will be placed in a sealed envelope and marked clearly 'only to be opened by a Senior Human Resources member of staff'. This should be marked with a named individual so as to limit disclosure:

The individual transitioning should provide explicit consent for this person to have access to this information, which should be detailed in a written document;
Should the individual obtain a GRC then this material should be amended to comply with the Gender Recognition Act.

3.11.6.11 Gender Recognition Act 2004 section 22 - it is a criminal offence for a person who has obtained information in an official capacity to unlawfully disclose a person is in the process of, or has obtained a GRC. Official capacity could include a police staff employee, constable, an employer or potential employer. Exceptions to this are when permission by the transgender member of staff has been given for disclosure or the exemptions listed in the Gender Recognition Act 2004. Officers and staff acquiring protected information in an official capacity will need to familiarise themselves with the numerous circumstances specified at section 22(4) of the Act and the Orders of 2005 and 2021 made under section 22(5).

3.11.6.12 For those individuals where a GRC has not been obtained it may be necessary for some records to retain reference to the individual's legal birth sex. Such records should not be accessible to anyone who is not directly involved with the administration or support of the individual. Regardless of whether the member of staff has not applied, is applying for or has been granted a GRC confidentiality of the persons transgender status will be maintained. If no officer or staff member is aware of any GRC granted or applied for in respect of the staff member transitioning, there can be no criminal liability for disclosure of protected information since no such information will have been acquired (whether in an official capacity or otherwise), however confidentiality will be maintained.

3.11.6.13 Dress and appearance - the standards of dress and appearance for operational police officers and police staff must be maintained in accordance with, in Essex - C 3022 Procedure - Standards of Appearance and Kent policy P06. It is recognised that individuals undergoing gender reassignment may require re-fitting of their uniform to accommodate for the transition to their true/felt gender. Essex Police and Kent Police will show flexibility and ensure that provisions are made available for this to take place. This will include wearing of plain clothes where appropriate.

3.11.6.14 Bullying, harassment and victimisation - any bullying, harassment or victimisation of an individual on the grounds of gender reassignment is unlawful under the Equality Act 2010 and will be dealt with in line with L 1760 Protocol - Personal Harassment.

3.11.8 Court Appearances

3.11.8.1 Where a member of staff or police officer, who has undergone or is undergoing gender reassignment, is called to give evidence at court, it may be appropriate to complete the MG6 case file form stating the individual's previous name and gender if different to the name and gender at the time of the court appearance. This will ensure the relevant personnel in the CPS are made aware of the name and gender change.

3.11.8.2 This information will be labelled confidential in the case file and the judge/magistrate and defence representative will be made aware in closed chambers prior to the case.

3.11.8.3 Essex Police and Kent Police will provide new certificates, qualifications and awards in a person true/felt gender on request. The matter will be dealt with confidentially via HR Partner.

3.11.10 Roles and Responsibilities of Line Managers and Staff

3.11.10.1 Line Managers should:

Make sure they are informed about the different cultural and religious needs of all of their staff, this may be through discussion during the annual Performance Development Review (PDR) process;
Fully consider and try to accommodate requests to observe their religious beliefs and customs;
Be sensitive to the particular needs of their own staff;
Explain the reasons why certain requests may not be able to be agreed (after thorough consideration);
Respect the sensitive nature of requests and where necessary take advice from the HR advisor, HR Partner, Equality & Diversity Co-ordinator or relevant diversity staff support association on the most appropriate course of action;
Protect individuals from victimisation or any unfair treatment;
Deal promptly and effectively with cases where discrimination or victimisation is alleged to have occurred.

3.11.10.2 Staff should:

Make their manager aware of their particular needs;
Discuss their needs with the line manager, and adopt a flexible approach to meeting these in line with the needs of the service;
Ensure that any requests are submitted giving reasonable periods of notice.
Be flexible when considering alternative options.

3.11.10.3 The Diversity and Inclusion Team can:

Advise on best practice across the force;
Identify areas of good practice or the need for change;
Provide advice and guidance to line managers on the correct implementation of this protocol;
Provide contacts for line managers to the most appropriate staff support associations where necessary.

3.11.11 Standards of Professional Behaviour (SPB)

3.11.11.1 SPB 2: Authority, respect and courtesy. Police officers and police staff do not harass or bully colleagues or members of the public. Challenging conduct or unsatisfactory performance or attendance in an appropriate manner would not constitute bullying.

3.11.11.2 Police officers and police staff do not, under any circumstances inflict, instigate or tolerate any act of inhumane or degrading treatment (as enshrined in Article 3 of the European Convention on Human Rights).

3.11.11.3 Police officers and police staff use appropriate language and behaviour in their dealings with their colleagues and the public. They do not use any language or behave in a way that is offensive or is likely to cause offence.

3.11.11.4 SPB 3: Equality and diversity. Police officers and police staff act with fairness and impartiality. They do not discriminate unlawfully or unfairly.

3.11.11.5 Police officers and police staff carry out their duties with fairness and impartiality and in accordance with current equality legislation. In protecting others’ human rights, they act in accordance with Article 14 of the European Convention on Human Rights.

3.11.11.6 Police officers and police staff need to retain the confidence of all communities and therefore respect all individuals and their traditions, beliefs and lifestyles provided that such are compatible with the rule of law. In particular police officers do not discriminate unlawfully or unfairly when exercising any of their duties, discretion or authority.

3.11.11.7 Police officers and police staff pay due regard to the need to eliminate unlawful discrimination and promote equality of opportunity and good relations between persons of different groups.

3.11.11.8 Police managers have a particular responsibility to support the promotion of equality and by their actions to set a positive example.

3.11.11.9 Different treatment of individuals, which have an objective justification, may not amount to discrimination.

4.0 Equality Impact Assessment

4.1 Equality Impact Assessment pending – owner requested to produce – will be attached in due course.

5.0 Risk Assessment

5.1 There is no specific risk assessment or health and safety consideration thought relevant to the content of this protocol.

5.2 Officers and members of police staff engaged within the process must remain aware that they must follow the protocol correctly otherwise the risk to the organisation of a possible employment tribunal could be raised. A failure to fully adopt the principles set out in this protocol could have a detrimental effect upon the reputation of the organisation.

6.0 Consultation

6.1 The following have been consulted during the formulation of this document:

Unison
Police Federation
Equality and Diversity Co-ordinator
Health & Safety
Strategic Change Team
PSD Superintendent
Policy/Risk
Superintendents Association
Communities and Engagement Coordinator
Protocol Owner and Head of Resourcing
Support Networks
- MESA
- Disability Network
- Women’s Leadership Development Forum
- Work Life Balance
- LGBT Network
- Christian Police Association
- Catholic Police Guild
Head of Employee Relations
Custody Commander
LPA Commanders
PIU
C&PP Command
Department Heads
SCD
IMU

7.0 Monitoring and Review

7.1 The monitoring of this HR protocol will be by the Head of Resourcing.

7.2 The protocol will be reviewed every two years.

8.0 Governing force policy

Related force policies or related procedures (Essex) / linked standard operating procedures (Kent)

8.1 This HR protocol supports the overarching HR policy L1.

8.5 Data Security

8.5.1 Essex Police and Kent Police have measures in place to protect the security of your data in accordance with our Information Management Policy – W 1000 Policy – Information Management.

8.6 Retention & Disposal of Records

8.6.1 Essex Police and Kent Police will hold data in accordance with our Records Review, Retention & Disposal Policy – W 1012 Procedure/SOP - Records Review, Retention and Disposal.

8.6.2 We will only hold data for as long as necessary for the purposes for which we collected.

9.0 Other source documents, e.g. legislation, Authorised Professional

Practice (APP), Force forms, partnership agreements (if applicable)

Equality Act 2010
ACAS
Employers Forum on Age
Employers Forum on Belief
Business Disability Forum
Equality and Human Rights Commission
Gender Identity Research and Education Society (GIRES)
Stonewall – Equality and Justice for Lesbians, Gay Men and Bisexuals
Social Model guidance
Employers for Carers
Essex Police Occupational Health Disability Advice
Essex Police Reasonable adjustments guidance
CIPD guide – Cancer and working- Guidance for employers, Human Resources & Line Managers
Unison Regional Disabled members group
British Dyslexia Association
Dyslexia Action
National Trans Police Association – NTPA
Press for Change
The Gender Trust
Gender Identity Research and Education Society (GIRES)
Home Office Guidance: ‘The Workplace and Gender Reassignment’ – A Home Office Guide for Staff and Managers
Managers Checklist
Tailored Adjustment Agreement

Policy reference: Equal opportunities in employment protocol (L1300)
Contact point: Head of Resourcing
Date last reviewed: 20 March 2024

If you require any further information or to request any documentation referenced within the policy please email [email protected]. For general enquiries, contact us.

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