Our top tips for supporting transgender and non-binary pupils.
An increasing number of students now identify as non-binary (neither male nor female, or gender-fluid). Anyone identifying as transgender is expressly protected from discrimination under the Equality Act 2010. However, it is not clear whether these protections extend to those identifying as non-binary.
Last year an employment tribunal case, Taylor v Jaguar Land Rover Ltd, held that persons identifying as non-binary are covered under the definition of gender reassignment in s.7 of the Act and are therefore protected from discrimination.
Although the judge in that case noted that this is a novel area of law and, as the case is not binding, it could be decided differently in higher courts, our advice for schools and colleges is to treat students identifying as non-binary in the same way that they would treat students identifying as transgender.
This means developing policy and practice which aims to eliminate discrimination and foster good relationships between those who identify as non-binary/transgender and those who do not. This will involve thinking about issues such as uniform, toilets and changing facilities, sporting events, use of names and pronouns, records and data sharing, as well as ensuring staff are appropriately trained in supporting students with these matters.
Here are our top tips for supporting transgender and non-binary pupils:
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Senior Associate
hayley.o'sullivan@brownejacobson.com
+44 (0)121 237 3994
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