Female civil servants warned they might be responsible of ‘illegal harassment’ in the event that they problem transgender colleagues over which bogs they use at work
Female civil servants have been told not to confront or challenge transgender colleagues if they use the wrong toilets.
New guidance warns Whitehall officials they may be guilty of ‘unlawful harassment’ if they tell someone who identifies as a woman that they should be using men’s bathrooms or changing rooms.
The leaked document adds that although staff are ‘entitled to speak up about dignity and safety’, this should only be done by having a quiet word with a manager.
Civil servants are warned they will be investigated for misconduct if they repeatedly fail to use a colleague’s preferred pronouns in order to ‘deny, mock or invalidate a person’s trans identity’.
However trans and non-binary employees are also told they cannot decide by themselves which single-sex places to use at work, and may not use those that only match their ‘affirmed gender’.
The internal rules for Government departments, quangos and the NHS have finally been updated 18 months after the landmark Supreme Court ruling that means biological men who identify as female cannot use facilities and services reserved for women.
Maya Forstater, Chief Executive of sex-based rights charity Sex Matters, said: ‘It’s indefensible that it has taken Government bodies 18 months to revise their policies on sex and gender following the Supreme Court ruling.
‘The guidance we have seen accepts the law on single-sex spaces, which is a big improvement. But it also contains concerning sections that will give licence to continuing trans activism within the civil service.
Female civil servants have been told not to confront trans colleagues in work toilets
‘It states that staff do not have to disclose their sex at work, and that not accepting a person’s gender identity could be a disciplinary matter. It is hard to see how this can be compatible with having clear sex-based rules about who uses which facilities.
‘Since the guidance rules out staff challenging people using the wrong facilities, civil servants must have complete confidence that if they complain to management, there will be a prompt and appropriate response.’
New guidance for HMRC – similar to policies updated across Whitehall this week – states: ‘The most important way to support colleagues who are trans and non-binary, whatever your personal views, is to treat them with dignity and respect.’
It says the use of toilets and changing rooms is a ‘sensitive matter’ and will be agreed between the individual and their line manager.
And it goes on: ‘If you have any concerns relating to colleagues’ use of facilities or otherwise, you should raise them in an appropriate manner, that is, by speaking discreetly with your line manager, or another manager.
‘You should avoid confronting or challenging colleagues directly. Such matters are personal and sensitive, and you may not be well placed to judge them.
‘Your actions may be distressing or amount to unlawful harassment, depending on the circumstances. You should be mindful of their needs in the workplace, as well as their dignity and feelings, as they should be mindful of yours.’
It adds: ‘You are entitled to speak up about dignity and safety. Nothing in this guidance should discourage you from sounding the alarm or seeking help where you perceive imminent danger to yourself or others.
‘However, we expect that in most cases colleagues will be able to raise the matter confidentially with a manager or the Mediation Resolution Support Service in the Employee Advice Service in the first instance.’
A Government spokesman said: ‘Departments are responsible for their own internal policies and will always ensure these remain legally compliant and are updated in line with the latest legal rulings.’
