With higher proportions of those under the age of 35 self-reporting as trans than over 35s (with numbers projected to increase over the coming years), it is vital to ensure that local government organisations, as both employers and as service providers, in areas such as education and social care, take account of trans rights as well as competing gender critical views as the new workforce and service users change.

The current case law shows that conflict between areas such as trans rights and religion or belief are fast evolving and expanding areas. Those with gender critical beliefs having discrimination protection alongside those who are trans. The current case law also suggests that there is a significant balancing act that needs to be undertaken between the rights and how they are manifested by those who express them in the workplace and service provision.

It is to be expected that there will be more legal challenges between the conflicting positions and more guidance will eventually be issued by the higher courts on competing rights.

The government has continued to suggest that it will be releasing more guidance on trans rights (with a particular focus on education providers) which will be relevant within the workplace itself for staff as well as to the provision of social care and housing.

A focus will be required by local government organisations to ensure that their policies and procedures are inclusive of all viewpoints and the facilities they provide are respectful of key matters such as:

• toilets / changing facilities
• dress codes / uniforms
• management of personal data pertaining to members of staff and the people to whom they provide services over the coming years.

Local Government Forward View 2023

This article is part of Capsticks’ Local Government Forward View 2023. Read the other articles featured in this publication below:

• Combined Authorities
• Investment Zones
• Building Safety Reforms
• Levelling Up and Regeneration Bill
• Online Safety Bill
• Environmental Impact Assessments
• Procurement Bill
• Industrial action
• Public service pension scheme reform

How Capsticks can help

To discuss how this may affect your organisation, please get in touch with Sean Hick, Alessandra Gettins or Tiffany Cloynes.