Where do transgender employees fit into the gender pay gap?
Classifying employees by gender in today’s society can be a sensitive subject, particularly as there is no acknowledgement of transgender workers in the ‘gender pay gap’ reporting laws.
Subsequently this is leaving employers unable to categorise an employee as transgender or non-binary. The only options available within the classification of employees is male or female, could this grey area mask a wider issue?
At present the new law requires employers to state either ‘male’ or ‘female’ with no further details being defined or any additional information given.
Regardless of the gender pay gap, categorising employees by gender is a delicate subject. Acas suggest using Government guidance whether this by HM Revenue and Customs (HMRC) or payroll to determine an employee’s gender.
If that is not available or valid then employers should be wary of incorrectly selecting what they believe to be the correct identity. Employers risk breach of data protection or isolation of that individual staff member if not handled considerately.
Acas and Government guidance suggests that they should be excluded from the report. But this approach is not ideal as this in itself is excluding that individual from being involved within the pay analysis.
The BBC conducted a survey which revealed 417 of its own staff members were classified as transgender, stunned that this was nearly 2 percent of their entire corporation. Findings also revealed that 11 percent identified within the category of ‘LGBT’ (Lesbian, Gay, Bisexual, and Transgender).
The results revealed that, in this sample segment, it was four times higher than the percentage in the population at large.
This should in essence make more companies address the entire workforce with regards to transgenderism. An employee cannot be treated less favourably than any other member of staff due to gender reassignment, alongside any indirect negative treatment or harassment.