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Transgender, Non-Binary and Gender Reassignment in the Workplace guidance

Date of request: 4 February 2023
Reference: 199-23

Request

[Relating to previous request 1275/22]:

I write in conjunction with this previous FOI request.

I note that you mention a guidance document – Transgender, Non-Binary and Gender Reassignment in the Workplace please copy that to me.

Please find attached a copy of our guidance document entitled ‘Transgender, Non-binary and Gender Reassignment in the Workplace’.  Names other than senior officers and staff have been redacted in accordance with Section 40(2) of the Act.  Please see a further explanation of this at the end of this letter.

 

You decline to answer Q 6 due to excessive costs – yet you omit answers to Questions 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12. Please answer these questions.

Please see our answers below to these questions:

 

  1. Has this force implemented the policy – ‘Searching by Transgender Officers and Staff’? Confirmation date of implementation.

As stated in our response to your original request 1275-22, we have not identified a policy implemented with this title.  The most relevant document identified is an internal guidance document entitled, ‘Transgender, Non-binary and Gender Reassignment in the Workplace’.  As now requested above, a copy of this guidance has been provided. 

As the policy referred to in this question is not held, many of your remaining questions below are not applicable.   

However, answering this question in relation to the guidance document, I I can confirm that the guidance has been updated and is available to all officers and staff on our intranet pages as of 13 October 2022.

  1. If not already implemented, does this force intend to introduce this policy?

No recorded information has been identified in relation to this question.

  1. If so, on what date is the force aiming that the policy be introduced?

This question is not applicable

  1. Confirm the creation of the Force’s amended policy for ‘Searching by Transgender Officers and Staff’ and date created and means of communication to staff.

As stated above in answer to question 1, I can confirm that the guidance has been updated and is available to all officers and staff on our intranet pages as of 13 October 2022.

 

  1. How this policy has/will be conveyed to the public in accordance with fundamental statutory duties. Specify means of consultation and date/s.

This question is not applicable.  As stated, no policy is held under the specified name.  The most relevant document identified is an internal guidance document only.  In relation to that guidance document, no recorded information has been identified relating to how this guidance has been or will be conveyed to the public.

 

  1. In advance of implementing this policy what analysis has been carried out with regard to the impact of this policy on members of the public in, for example specifically regarding risk assessment & legal rights with regard to the Equality Act 2010 Protected Characteristics of age, disability, gender reassignment, pregnancy, race, religion or belief, sex & sexual orientation?

Regarding policy, this question is not applicable.

Regarding the guidance document:

When formulating this new guidance, we have ensured due regard is given to the public sector equality duty (Equality Act 2010) and to the nine protected characteristics under the Equality Act 2010.

 

The NPCC transgender officer searching guidance ensures forces comply with their public sector equality duty – to eliminate unlawful discrimination, advance equality of opportunity between people who share a protected characteristic and those who do not, and foster good relations between people who share a protected characteristic and those who do not.

 

  1. Provide copies of consultation work with external groups and confirm the details of the groups, names of organisations, charities, interest groups with date/dates.

Regarding policy, this question is not applicable.

 

Regarding the guidance document, no information has been identified in relation to consultation work with external groups.

 

  1. Confirm if an Equality Impact Assessment been carried out with regard to this policy change and what groups/protected characteristics were considered with regard to the EIA.

Regarding policy, this question is not applicable.

Regarding the guidance document, no Equality Impact Assessment has been identified in relation to this document. 

 

  1. If so, confirm date of the Equality Impact Assessment being completed

This question is not applicable.

 

  1. Provide a copy of the Equality Impact Assessment.

This question is not applicable.

 

  1. Confirm if this Force has obtained its own separate legal advice in respect of the implementation of this policy and on what date that was obtained.

Regarding policy, this question is not applicable.

 

Regarding the guidance document:

Our internal Legal department were consulted in relation to the internal guidance identified. 

 

 

Within the disclosure document provided, names of individuals other than senior Avon and Somerset Police Officers and Heads of Department have been redacted.  The exemption applicable to this is: 

  • Section 40 (2) relating to third party personal information.

This is an Absolute exemption so therefore there is no requirement to conduct a harm or public interest test. Any information is exempt from disclosure under the Freedom of Information Act if it relates to or is supplied by another individual and disclosure of that information would contravene any of the data protection principles set out in:

(a) Article 5(1) of the GDPR, and

(b) Section 34(1) of the Data Protection Act 2018

A Freedom of Information Disclosure is a disclosure to the world. Therefore information that is provided can be viewed by any member of the public. Should information be provided from which a living individual could be identified this would constitute personal data. This would then become a breach of rights provided under the Data Protection Act 2018.  Information held on an individual by Avon and Somerset Constabulary is done so lawfully and is used for a policing purpose in line with the principles set out in the GDPR. Our privacy policy can be viewed here.

This serves as a partial refusal notice under section 17(1) of the FOI act.

Response

Answers are shown in bold in the section above, beneath each question.

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