Virgin Atlantic has announced that it has updated its gender identity and uniform policy to allow its pilots, cabin crew and ground staff to choose the uniform that “expresses how they identify or present themselves“.
Under the Airline’s previous uniform policy, women were required to wear a red uniform and men wore burgundy. Virgin has said that the change in policy makes it “the most inclusive airline in the skies“.
Virgin Atlantic’s Chief Commercial Officer, Juha Jarvinen, commented on the announcement:
“We believe that everyone can take on the world, no matter who they are.
“That’s why it’s so important that we enable our people to embrace their individuality and be their true selves at work. It is for that reason that we want to allow our people to wear the uniform that best suits them and how they identify and ensure our customers are addressed by their preferred pronouns.”
The Airline has confirmed that it is amending its trans inclusion policies to include provisions to allow its workers:
- Time off work for gender transition medical treatment;
- A choice of changing rooms and showers that “align with the gender a person identifies as“; and
- A “personalised transitioning plan“.
Further, it is implementing an option to allow workers to include pronouns on their name badges and will roll out mandatory inclusivity training for all workers across Virgin Atlantic and Virgin Atlantic Holidays. This includes staff at its partner hotels in its holiday destinations.
In respect of its passengers, Virgin has announced it is updating its ticketing system to permit passport holders with gender-neutral markers to use the name title Mx and choose gender codes U or X on flight bookings. Travellers from the US, India and Pakistan are able to hold these passports.
These series of decisions form part of Virgin’s ‘Be Yourself’ agenda, an inclusivity initiative for its staff to make sure they feel comfortable in their jobs. Previous announcements made by the Airline have included it allowing cabin crew to decide whether to wear make-up and the option to wear trousers and flat shoes. Virgin has also removed restrictions relating to visible tattoos for its cabin crew and other front-line staff.
Advice to employers concerning gender identity in the workplace
All employers need to be mindful of how their workers identify themselves and are sensitive about this.
It is vital that all organisations have in place appropriate equal opportunities, diversity and inclusion policies and make sure that the workforce is aware of these.
LGBT rights organisation, Stonewall, recommends that employers have in place trans inclusion and transitioning at work policies and that all leave policies include clauses for transition-related absence. Also, dress code policies should permit workers to wear clothes in the workplace that correspond with their gender identity where possible. If a worker is required to wear a uniform, employers need to consider whether gender-neutral uniforms could be provided.
Seeking to protect those with the protected characteristic of gender reassignment should form part of such policies and employers should also ensure that they use the appropriate terminology and guide their staff accordingly. In addition, where complaints are raised they should clearly be dealt with sensitively and promptly.
If an employer is informed by one of their staff members that are going through the process of gender reassignment, it is advisable that the employer put in a place a plan with the employee, with them taking the lead, to cover certain things, such as:
- Who in the workplace is told and under what circumstances; and
- When and how records will be updated, ensuring that personal data is handled confidentially and changes are applied promptly.
Another important consideration is that of toilet and changing room facilities. Guidance from Acas recommends that workers should be free to decide on the most suitable facilities for their gender identity. Additionally, employees shouldn’t be told to use disabled facilities unless this is a temporary measure.
If employers don’t embrace an inclusive workplace environment it could lead to workers being unhappy in their work, not being their true selves and/or absenteeism, and could ultimately lead to them seeking new employment, as well as possible legal claims for discrimination and constructive dismissal.
How Nelsons can help
Laura Kearsley is a Partner in our expert Employment Law team.
If you would like any advice in relation to the subjects discussed in this article, please contact Laura or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.
contact us