• Supporting clients through COVID-19 and Brexit

  • Supporting clients through COVID-19 and Brexit

  • Brachers
  • Home
  • COVID-19
  • Insights
  • Our People
  • Careers
  • About Brachers
    • Our Story
    • Awards and Accreditations
    • Corporate Social Responsibility
  • Events
  • Pay online
  • Conveyancing quote
  • Contact us
    • Solicitors in Maidstone
    • Solicitors in Canterbury
    • Debt Payment
  • Personal Law
    • Personal Law
    • Court of Protection
    • Dispute Resolution
    • Employment Law Advice
    • Family and Divorce
    • Personal Injury and Industrial Disease
    • Powers of Attorney
    • Property and Conveyancing
    • Tax Planning
    • Trusts
    • Wills and Probate
  • Business Law
    • Business Law
    • Commercial Law
    • Commercial Dispute Resolution
    • Commercial Property Law
    • Corporate, Banking and Finance
    • Debt Recovery
    • Defending Industrial Disease Claims
    • Employment Law & HR Support
    • Environmental Law
    • Insolvency
    • Licensing Law
    • Planning Law
    • Regulatory Law
  • Sector Support
    • Sector Support
    • Agriculture and Rural
    • Charities
    • Construction
    • Education
    • Healthcare
    • Life Sciences
    • Primary Care
    • Property Managers, Investors and Landlords
    • Energy, waste and sustainability industry
    • 01622 690691
    • Conveyancing Quote
    • Pay Online
    Brachers
  • Brachers
    • COVID-19
    • Insights
    • Our People
    • Careers
    • About Brachers
      • Our Story
      • Awards and Accreditations
      • Corporate Social Responsibility
    • Events
    • Contact Us
      • Maidstone office
      • Canterbury office
      • Debt Payment
    •  
  • Personal Law
  • Business Law
  • Sector Support
  • Court of Protection
    • Court of Protection
    • Benefits Advice for Financial Attorneys and Deputies
    • Financial Deputy Applications Advice
    • Gifting Applications
    • Professional Financial Attorney and Deputy
    • Statutory Will Applications
    • Welfare Applications
  • Dispute Resolution
    • Dispute Resolution
    • Alternative Dispute Resolution ‘ADR’
    • Consumer Disputes
    • Landlord and Tenant Disputes
    • Professional Negligence Disputes
    • Property & Land Law Disputes
    • Wills, Trusts and Probate Disputes Solicitors
  • Employment Law Advice
    • Employment Law Advice
    • Director Disputes
    • Disciplinary, Capability, Sickness and Grievance Issues
    • Settlement Agreements
    • Tribunal Claims Advice and Representation
  • Family and Divorce
    • Family and Divorce
    • Arbitration
    • Children Law
    • Civil Partnership
    • Collaborative Law
    • Divorce
    • Financial Settlement on Divorce
    • Injunctions
    • Cohabitation
    • Mediation
    • Pre and Post Nuptial Agreement
  • Personal Injury and Industrial Disease
    • Personal Injury and Industrial Disease
    • Asbestos Disease
    • Fatal Accident Claims
    • Head Injury
    • Mesothelioma Claims
    • Other Industrial Disease Claims
    • Other Personal Injury Claims
    • Post Traumatic Stress Disorder/Psychiatric Injury Claims
  • Powers of Attorney
    • Powers of Attorney Solicitors
    • Elderly and Vulnerable Solicitors
  • Property and Conveyancing
    • Property and Conveyancing
    • Buying and Selling Residential Property
    • Declarations of Trust
    • Equity Release
    • Mortgages
    • Lease Extensions
    • Occupiers and Tenants Law
    • Plot Sales
    • Residential Tenancies
    • Transfer of Equity
    • Joint Tenancy or Tenancy in Common
  • Tax Planning
  • Trusts
    • Trusts
    • Brachers Trust Corporation
    • Setting up a Trust
    • Trust Management Services
  • Wills and Probate
    • Wills and Probate
    • Probate and Estate Administration Solicitors
    • Wills
    • Wills, Trusts and Probate Disputes Solicitors
  • Coronavirus Support for Families and Individuals
  • Commercial Law
    • Commercial Law
    • Commercial Agreements
    • Commercial Projects
    • Information Technology
    • Intellectual Property (IP)
  • Commercial Dispute Resolution
    • Commercial Dispute Resolution
    • Alternative Dispute Resolution ‘ADR’ for Business
    • Business to Business Disputes
    • Contract Disputes
    • Corporate Disputes
    • Intellectual Property and Technology Disputes
    • Partnership Disputes
    • Property and Land Disputes
  • Commercial Property Law
    • Commercial Property Law
    • Finance Advice for Commercial Property
    • Occupiers and Tenants
    • Property Managers, Investors and Landlords
    • Property Developers
  • Corporate, Banking and Finance
    • Corporate, Banking and Finance
    • Shareholder Arrangements and Share Option Schemes Advice
    • Corporate Banking Law and Asset-Based Lending
    • Corporate Restructures and Demergers
    • Legal Advice for Joint Venture Companies
    • Mergers, Acquisitions and Disposals
    • Partnership and LLP
    • Private Equity and Venture Finance
  • Data Protection and GDPR
  • Debt Recovery
    • Debt Recovery
    • Credit Management
    • Portfolio Management and Outsourcing
    • Consumer Collections and Recoveries
  • Defending Industrial Disease Claims
    • Defending Industrial Disease Claims
    • Defending Asbestos Claims
    • Defending Hearing Loss / Deafness Claims
  • Employment Law & HR Support
    • Employment Law & HR Support
    • Brachers Protect
    • Employment Contracts
    • Discrimination, Discipline, Dismissals & Grievances
    • Employee Exits and Settlement Agreements
    • Employment Law Developments
    • Employment Law Training
    • Employment Tribunal Claims
    • Industrial Relations
    • Redundancy, Reorganisation & Restructuring
    • Restrictive Covenants
    • TUPE Law
    • Wellbeing at Work
    • Workplace Wellbeing Review
  • Environmental Law
  • Insolvency
    • Insolvency
    • Services to Businesses & Company Directors
    • Services to Creditors
    • Services to Insolvency Practitioners
  • Licensing Law
  • Planning Law
  • Regulatory Law
    • Regulatory Law
    • Criminal Prosecution Law
  • Coronavirus Support for Businesses
  • Agriculture and Rural
    • Agriculture and Rural
    • Commercial Law in Rural Business
    • Corporate Law in Rural Business
    • Employment Law in Rural Business
    • Family Law in Rural Business
    • Health and Safety Law in Rural Business
    • Planning & Environmental Law
    • Rural Property and Buildings Law
    • Secured Lending in Rural Business
    • Solving Disputes in Rural Business
    • Succession Planning for Farming Businesses
  • Charities
    • Charities
    • Charity Mergers and Collaboration
    • Funding Advice for Charities
    • HR Advice for Charities
    • Kent Good Governance Charity Forum
    • Organisational Review for Charities
    • Setting up a Charity or Social Enterprise Legal Advice
  • Construction
    • Construction
    • Construction Disputes
    • Construction Project Documentation
  • Education
    • Education
    • Academy conversions and free schools
    • Development and Expansion
    • Education Matters Forum
    • Freedom of Information and Data Protection
    • Governance, Complaints and Appeals Law in Education
    • Legal Advice when Purchasing Goods and Services for Schools
    • Legal Advice for School Premises
    • Legal Advice for Staff Management
  • Energy, waste and sustainability industry
    • Energy, waste and sustainability industry
    • Energy lawyers
    • Waste-to-energy and energy recovery
  • Healthcare
    • Healthcare
    • NHS
    • Independent Healthcare Providers
    • Legal Support for Care Providers
    • Medical Defence
  • Life Sciences
  • Primary Care
    • Primary Care
    • Commercial and NHS Contracts
    • Employment & HR Law for GPs
    • GP Federations Advice
    • GP Partnership Agreements
    • GP Premises
    • New Premises, Development & Expansion
  • Real Estate
    • Property Managers, Investors and Landlords
    • Property Developers

Home > Insights > Legal issues when dealing with gender identity issues in schools

  • Insights
    Insight - Education - POSTED: September 26 2019

    Legal issues when dealing with gender identity issues in schools

    NHS England’s gender identity development service revealed it is receiving three times the referrals it did in 2014-2015. Schools should be mindful that issues of gender identity may arise in relation to pupils (including applicants) and also teachers, non-teaching staff and governors.

    • Share this article
      Share
    • Print this article
  • This can be a complicated area for schools and one which may also link to mental health issues for the individual concerned. Many people found questioning their gender identity may be feeling distressed, anxious and suffer with low self-esteem.

    In order to best support these individuals and their wellbeing, schools should encourage a culture of openness and inclusiveness and should ensure that they have clear procedures for responding to any disclosures made regarding gender identity.

    Being aware of possible discrimination

    Schools need to be aware of the risks of unlawful discrimination if the wrong action is taken (this may include inaction). Schools should not discriminate against an individual because of any of the protected characteristics listed in the Equality Act 2010. These include sex, gender reassignment and sexual orientation.

    The Equality Act states that a person has the protected characteristic of gender reassignment if the person is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person’s sex by changing physiology or other attributes of sex.

    The GEO guide makes it clear that a person can change gender without any medical intervention and medical processes are not essential to transitioning. It may not always be apparently obvious if someone has this protected characteristic.

    Training in this area is recommended. Schools can be held vicariously liable for the actions of their employees, and even other third parties, if they fail to take adequate steps to prevent unlawful discrimination.

    Data protection

    As part of considering its procedures in supporting those who may be questioning their gender identity, schools should consider how personal data will be processed in light of the General Data Protection Regulation and Data Protection Act 2018.

    Personal data held about an individual which relates to their health, sex life or sexual orientation will be special category personal data and should be treated with particular care. Schools should be clear on how to process special category data and how such information is kept secure.

    We are now a year on from the implementation of the GDPR and now is a good time to revisit your policies and consider whether they remain fit for purpose.

    Can we help?

    Take a look at our Education page for useful information, resources, guidance, details of our team and how we may be able to help you

  • Key contact:

    • Brachers Employment Associate Louise Brenlund

      Louise Brenlund

      Senior Associate,

    Get in touch

    Please fill out the below form or alternatively you can call us on 01622 690691

      By submitting an enquiry through 'get in touch' your data will only be used to contact you regarding your enquiry. Please view our website and cookie policy for more information
  • Related Articles & Events

    View all
  • Education

    10 key points to think about when entering into a contract

    Insight

    Posted 21st October 2019

  • Education

    Education Matters Autumn Newsletter

    Insight

    Posted 9th September 2019

  • Education

    Is your school ready for the new RSE curriculum requirements?

    Insight

    Posted 31st July 2019

  • Education

    Faith schools and Religious Discrimination

    Insight

    Posted 18th February 2019

  • Education

    Brachers advises in merger of Kent colleges

    News

    Posted 6th February 2018

  • Charities

    Brachers ‘Charity Fortnight’ launched on World Mental Health Day

    News

    Posted 11th October 2016

  • Brachers with you all the way Logo
    • Statutory Information (including complaints policy)
    • Cookie Policy
    • Refund Policy
    • Privacy Statement
    • Terms of Engagement
    • Website Accessibility
    • Contact Us
    • Sitemap
    • Privacy Policy
    • Cookie Policy
    • Payments & Refund Policy
    • Terms of Use
    • Statutory Information
  • Contact Us

    T: 01622 690691
    T: 01622 767484
    F: 01622 681430
    E: hello@brachers.co.uk
    E: contact@brachers.co.uk
    • LinkedIn Icon
    • Facebook Icon
    • Twitter Icon

    Sign up for our newsletter

    Unsubscribe from our newsletter

    SIGN UP
  • Head Office

    Somerfield House
    59 London Road
    Maidstone
    Kent
    ME16 8JH


    T: 01622 690691

  • Medway House

    81 London Road
    Maidstone
    Kent
    ME16 0DU

     

     


    T: 01622 690691

  • Canterbury Office

    First Floor
    Graylaw House
    20-22 Watling Street
    Canterbury
    Kent
    CT1 2UA


    T: 01227 949510