How to support transgender and non-binary people at work, as part of a broader equality, diversity and inclusion policy
This guide gives people professionals an overview of steps that can be taken to improve inclusion for transgender and non-binary employees as part of an overall inclusion strategy. It should be used alongside the CIPD’s other EDI resources to support a proactive and informed approach to creating an inclusive workplace culture for everyone.
With information on the legal frameworks applicable in this area and then elements of the employee lifecycle, from recruitment to exit, the guide also addresses issues around data protection and recognises the rights of people to hold differing views and beliefs around gender and sex.
The CIPD’s guidance is regularly being updated, and members should be reminded that, as with any guidance given by the CIPD, current versions should be used in place of any other guidance. Where the understanding of law or good practice evolves, we will continue to update our advice accordingly. The surrounding legal landscape and consequent good practice is changing and will continue to change. Of particular importance is the judgment of the Supreme Court in the case of For Women Scotland Ltd v Scottish Ministers in April 2025, which clarified the meaning of sex, male and female in the Equality Act 2010.
Key parts of our advice are informed by the Equality and Human Rights Commission's guidance in this space, given their role as the statutory body. The EHRC statutory guidance will be updated following a consultation that ran until 30 June 2025.
On 5 September 2025, the EHRC announced that it has submitted the updated code of practice for services, public functions and associations to the Minister for Women and Equalities for approval. The EHRC has removed the interim update from their website and outlined that:
“Duty bearers should:
We await confirmation on when this updated code of practice will become statutory guidance. We will update this guide in line with this updated code of practice once it becomes statutory guidance.
We are aware that some organisations, employees and practitioners have strong and varied views on both the EHRC guidance and the Supreme Court judgement. We recognise the implications will cause challenges for many businesses and immediate impacts for employees.
Ultimately, organisations should follow the EHRC position, seeking appropriate legal guidance and following any new code when approved by Parliament.
If you do need immediate practical support we would advise sourcing specific advice from an employment lawyer.
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