- Conference
- 2008 National LGBT Conference
- Date
- 24 July 2008
- Decision
- Carried
Conference recognises that human rights must be universal, not conditional, and therefore all trans people must have their dignity upheld and their gender identity and privacy respected regardless of their physical anatomy or legal gender.
Conference welcomes that the Gender Recognition Act 2004 makes it a criminal offence for someone who acquires information in an official capacity about a person’s gender recognition history to disclose that information to a third party without the person’s consent. There are only a few exceptions allowed, for example if the information is required for the prevention or investigation of a crime or in medical emergencies where the person is unable to confirm consent due to unconsciousness or incapacity.
Conference notes with concern that many employers and service providers are failing to recognise their legal requirement to maintain the privacy of trans people. The failure of many employers and service providers to train their workforces on legal privacy requirements and data protection exposes their workers to an increased risk of potential criminal prosecution.
Conference further notes with concern that many employers and service providers are incorrectly requesting to see a Gender Recognition Certificate before allowing changes in the name and gendered title on a person’s employment records, payslips, etc.
The key purposes of the Gender Recognition Certificate are to enable trans people to:
1Have their UK birth certificates finally corrected to reflect their acquired gender;
2Have a marriage or civil partnership in their acquired gender;
3Have gender-specific benefit and pension entitlements calculated using their acquired gender.
A Gender Recognition Certificate is NOT required for the purposes of changing a person’s gender role in all other aspects of their day-to-day life (including using toilets and changing all documentation such as their passport, driver’s licence, bank accounts, medical records, and employment records).
A person can only apply for a Gender Recognition Certificate AFTER they can show that all their day-to-day documents have been in their new name and acquired gender for over two years.
Conference affirms that the correct point when all day-to-day documents need to be updated to show only the person’s new name and new gendered title is at the start of the transition process as soon as a trans person begins living in their new gender role.
Conference therefore instructs the National Lesbian, Gay, Bisexual and Transgender Committee to:
A.Work with regions, branches and national service groups to educate UNISON members on privacy, dignity and gender recognition issues for trans people;
B.Push employers and public service providers to implement accurate training on privacy, dignity and gender recognition issues to ensure employees are fully aware of the legal framework and potential criminal liabilities.