Overview

The CIPD, in partnership with ACAS, TUC and others, is intending to develop practical guidance for employers and people managers on trans equality, diversity and inclusion (EDI) in employment. The CIPD wishes to commission an expert to develop (and write) this guidance – drawing on desk research, focus groups, roundtables and case studies.

The project will be commissioned in June 2022, with a completion timeline by October/November 2022 and a publication date in December/January 2022. The proposed maximum budget for this work is circa £25,000 (excluding VAT). However, there may be some flexibility depending on the quality of proposals submitted.

Background and purpose

The CIPD’s engagement and work to support HR professionals, people managers and employers has identified an urgent need for detailed guidance in relation to EDI for trans and non-binary people in employment.

The new guidelines will review and build on any relevant existing work, including CIPD research. In some instances, it’s anticipated that the new guidance would update existing (CIPD) related guidance. The guidance should cover the following, though this list should not be treated as exhaustive:

1.    Overview of the context and key issues associated with the trans EDI landscape

2.    Key terminology when it comes to the use of inclusive language

3.    The legal framework: Equality Act and case law (guided by the Partnership and Advisory Group’s legal experts, who will provide the author with guidance and support)

4.    Key principles, policies/frameworks and strategies:

·         Good practice principles

·         How to integrate and include/put in place specific trans inclusion-focused policies/frameworks and strategies

·         Attraction, recruitment, selection, progression and retention

·         Pay and pensions

·         Adding trans equality-specific wording or sections to harassment, bullying and I&D policies

·         Putting in place policies covering employees who transition at work, including the pre-transition period

·         Living in the affirmed gender

·         Supporting the health and wellbeing of trans and non-binary people – including absences for gender re-assignment

·         Supporting medical treatment for gender re-assignment

·         Inclusive wording on policies (eg parental leave policies) being perceived as ‘erasing’ of women in particular

·         Guidance on other steps employers can take to improve trans and non-binary inclusion in the workplace.

5.    Preventing bullying, harassment and victimisation

6.    Line managers guide:

·         FAQs

7.    Workforce EDI monitoring:

·         Terminology

·         What to include in monitoring.

8.    Record keeping, documentation and confidentiality:

·         How to record and reflect employees’ gender on internal and external systems and records

·         The need (or lack thereof) for documentary evidence to change someone’s gender marker on internal and external systems

·         Data protection considerations including ICO/data privacy/handling sensitive data, and the potential criminal offence under the Gender Recognition Act. Storage of ‘old’ records showing an employee’s previous gender/name.

·         How to report non-binary employees (and communicate that with the employee) when it comes to HMRC reporting (currently limited to either ‘M’ or ‘F’)

·         Other official records (eg DWP reporting or reporting to pension/insurance providers).

Focus and scope

The core outputs are detailed below; however, we are open to suggestions and advice from tendering research consultants:

1.    Desk research: Identify all relevant research, including demographic, workforce, challenges and barriers experienced by trans and non-binary people in access to employment and in employment. Identify and assess/evaluate the effectiveness of any existing published guidelines and determine whether helpful and or relevant for this project.

2.    Support, facilitate and write up findings from:

·         Focus Groups – comprising organisations and groups with knowledge and experience in trans inclusive workplace practices

·         3 roundtables with experts (legal and academic) and policy leads

·         3 case studies and scenarios: trans inclusive best practice

·         Participation in the CIPD external partners and advisory group – these are monthly meetings will be held until the completion of the project by January/February 2023.

3.    Written outputs: Based on points 1 and 2, the final write-up should propose a set of key principles within a framework for HR and line managers, and support consultation with key stakeholders accordingly. Written outputs should adhere to the CIPD’s house style regarding tone of voice, punctuation, capitalisation, use of numbers and, as necessary, setting out references. This will be supported by the CIPD Content team.

Budget

Circa £25,000 (excluding VAT) for this project. However, there may be some flexibility depending on the quality of proposals submitted.

Project management

This project will be managed by Lutfur Ali (Policy), with Keith van der Linde (Content Production) at the CIPD.

Tendering process

Please email a short proposal (eg 2 pages) to include:

·         name(s) of project researcher(s)

·         proposed outline of your approach

·         respective roles of researchers (ie who will be doing what)

·         a rough project timeline, ideally to complete the work by the end of October/November 2022

·         a breakdown of costs.

Accompanying this, please could you include as appendices:

·         the researchers’ skills and areas of subject expertise

·         the researchers’ experience writing for practitioner (ie non-academic) audiences

·         a list of relevant publications.

Please submit your proposal to Tracey McDermott – tracey.mcdermott@cipd.co.uk by midnight on 24 June 2022.

We aim to interview by teleconference w/c 4 July, confirm the work by 11 July, and commence the contract w/c 18 July (subject to agreement between parties being reached).