Non-Normative Gender and Sexual Identities in Schools: - Schools Out

NATIONAL UNION OF TEACHERS JULY 2008
GUIDANCE FOR NUT MEMBERS
WHAT IS TRANSGENDER HARASSMENT?
This brief guide for NUT members outlines the legal definition of transgender
harassment, explains who is protected, and summarises the first steps you
should take if you think you are being subjected to such harassment.
Who is protected from transgender harassment?
All trans teachers have specific protection at work from harassment under the
Sex Discrimination Act 1975 and from the unlawful disclosure of transgender
status. You are protected whether you are a man or a woman, before, after or
during your gender re-assignment. You are protected whether you are
permanent, fixed term, full-time, part-time, supply or agency. You are
protected from harassment from your colleagues, managers and governors.
What about harassment by pupils and parents?
Your employer must take steps to prevent and deal with unlawful harassment
at work by third parties such as pupils or parents, especially if you have
reported third party harassment before. You should take the steps below to
report the harassment and inform your NUT representative who will be able to
advise and support you.
What is transgender harassment?
Transgender harassment is unwanted conduct which violates your dignity, or
creates an intimidating, hostile, degrading, humiliating or offensive
environment for you.
It is harassment on grounds that you intend to undergo, are undergoing or
have undergone gender reassignment. Gender reassignment is the medical
and social process whereby you change your birth sex to match your chosen
gender identity. The legal definition is limited to gender reassignment and
does not cover harassment on grounds that you are, for example, a
transvestite person.
What sort of behaviour is covered?
Transgender harassment would include hostile and intimidating behaviour by
colleagues towards you because you are preparing to undergo gender
reassignment. Or it could include degrading or humiliating behaviour towards
you because you have undergone gender reassignment.
Intimidating or degrading behaviour, such as name-calling or offensive
transphobic 'jokes' by pupils or colleagues could amount to harassment.
A single incident might constitute transgender harassment if it is sufficiently
serious. A series of incidents is likely to amount to transgender harassment
especially if you have given a clear indication that the behaviour is unwanted.
GUIDANCE FOR NUT MEMBERS 1