DBS Checks for Transgender Applicants
A high-profile employment appeal tribunal (Maya Forstater v CGD Europe and Others), recently came to the conclusion that views regarding the ‘immutability of sex’ are protected beliefs under section 10 of the Equality Act 2010. The tribunal and consequent appeal received an unprecedented amount of international attention, with fierce reactions from supporters on both sides of the discussion.
The justices overseeing this case made it explicitly clear that their judgment does not allow those with gender-critical beliefs to “indiscriminately and gratuitously refer to trans persons in terms other than they would wish.” However, many commentators fear that this judgment will be used to legitimise the views of those intolerant of trans rights in the workplace.
A 2017 ACAS research paper confirmed that bullying of transgendered employees is common and that many staff identified as transgendered experience abuse daily. Government-commissioned research also found that transgendered employees experienced a much higher rate of negative treatment than for example, those associated with sexual orientation. Understandably then, many transgendered, non-binary, or gender-fluid persons would prefer to keep this information from their employer to avoid workplace bullying.
DBS Checks
Being asked to complete a DBS Check can be of particular concern for transgender applicants. When completing a DBS application form, extensive personal information is needed, including any previous names that an applicant has used in the past. When the DBS Certificate is then issued, this information would be disclosed to employers, potentially making them aware of the applicant's circumstances.
However, the Disclosure and Barring Service (DBS) provide a confidential service for transgender applicants to help protect their identity. In accordance with the Gender Recognition Act 2004, the DBS provide support via their ‘sensitive applications team’. Applying for a DBS this way is known as the ‘sensitive applications route.’
If you are asked to complete a DBS check and have an earlier identity that you do not wish to be disclosed to your employer and/or on your DBS certificate, you should call or email the sensitive applications team before starting your application. The team is experienced in dealing with sensitive cases and will inform you of the process and what you need to do.
How to contact the sensitive applications team
If you are an applicant and wish to contact the sensitive applications team, you can do so using the details below:
Telephone: 0151 676 1452
or
Email: sensitive@dbs.gov.uk
Please note, that the telephone number for the sensitive applications team also has an out-of-hours answering machine. If you call and reach the answering machine, you can leave your contact details, and a member of their team will call you back.
If you have no problem having your previous identity disclosed on a DBS certificate, you do not need to contact the sensitive applications team. If this is the case, you can simply submit any previous identity information under the ‘any other names’ section of your application.
You can find more information on the sensitive applications team here.