Civil servants in the United Kingdom may face formal disciplinary action if they fail to address transgender colleagues by their preferred names or pronouns, according to a leaked Cabinet Office document. The guidance, marked “official sensitive,” outlines expectations for how transgender employees should be treated within Whitehall.

The document stipulates that deliberately using incorrect pronouns or “deadnaming” — referring to a transgender person by their pre-transition name — in order to deny, mock, or invalidate their gender identity is considered unacceptable behavior and may lead to an investigation for potential misconduct. However, the guidance also acknowledges that misgendering might occur unintentionally due to conditions such as neurodivergence or memory challenges, and it advises that such circumstances be taken into account before any disciplinary measures are pursued.

Among other points, the guidance specifies that transgender civil servants are generally not permitted to use single-sex facilities that align with their affirmed gender, underscoring the complexities involved in balancing inclusivity with existing legal requirements.

The Cabinet Office has declined to publish the current version of the guidance publicly, citing the need for ongoing review of departmental HR policies. Officials maintain that withholding the document allows for open discussion without external pressures, and that departments are expected to update their own policies in line with the new framework.

This development follows the Supreme Court’s ruling last year affirming that the definition of “sex” under the Equality Act pertains to biological sex, a decision that underpins recent shifts in policy regarding single-sex services. In many cases, this means that access to single-sex toilets, changing rooms, hospital wards, and refuges must be determined based on a person's birth sex.

Separately, the Charity Commission has urged charitable organizations to ensure compliance with existing law without waiting for forthcoming guidance from the Equality and Human Rights Commission (EHRC). The EHRC is scheduled to release a code of practice effective August 5, which reiterates that single-sex services must be provided according to biological sex.

The code acknowledges the potential challenges this presents and suggests that unisex facilities—such as individually enclosed cubicles—could offer an inclusive solution that accommodates all users. It emphasizes that it is unlikely to be proportionate to exclude transgender individuals from accessing services altogether.

The evolving guidance reflects ongoing tensions in balancing the rights and needs of transgender individuals with legal interpretations of sex-based protections, and the government’s approach seeks to navigate these issues within the public sector workforce.