The content in this section has been adapted from content produced by University of Bath Careers, with their permission.
Recent Supreme Court rulings will have an impact on legal guidance in relation to trans people. We await statutory guidance from the Equality and Human Rights Commission and will regularly review this to make sure it reflects the updated 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 and in which contexts, 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. In Scotland, the background check process takes place with Disclosure Scotland. They have published information for trans and non-binary applicants.
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 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.