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Posted Fri, 05 May 2023 11:08:09 GMT by p.iv
Hello, we are looking to support our colleague's name and gender change ahead of legal documentation being presented due to the long process it'll take. Would it be OK to amend their records with at least their new name (not sure if gender) absent formal documentation? I believe we need official documents before amending the payroll data either a GRC or Birth certificate, however the employee pointed to a sentence from The Gender Recognition Act 2004 (GRA) that states: "Employers should treat people in accordance with their gender identity, whether or not they have a GRC and should not ask trans staff if they have one". Could you please clarify at what point we can do these changes and if we need to obtain any legal document for name change, would that be GRC or Birth certificate is needed? Thank you
Posted Thu, 11 May 2023 08:23:23 GMT by HMRC Admin 25
Hi p.iv,

You should be able to change the employees name as you would with any other change.
However you wouldn't change the gender on payroll until you receive the legal paperwork that formally recognises their gender. 

Thank you. 
Posted Wed, 17 May 2023 12:00:19 GMT by p.iv
To be sure, would you please verify that the paperwork you are describing to change the gender on the payroll would be GRC and not birth certificate? Thank you.
Posted Mon, 22 May 2023 16:57:31 GMT by HMRC Admin 10
Yes it would be the GRC.
Posted Wed, 13 Sep 2023 10:20:00 GMT by Poomehellt
Can I just correct this. The only thing a trans person needs to show to confirm legal gender is birth certificate, not a GRC. It is birth certificate that shows legal gender as a GRC would out a trans person if they are not out to an employer or anyone else and that is protected information. You cannot ask for the GRC. And yes you can and should change gender on payroll without a GRC when you change the person's name. Even without a GRC a trans person's details are changed with HMRC, the underlying gender marker cannot be changed without a GRC however all outward facing details are changed and the file locked so only certain people at HMRC can see the underlying gender marker. Payroll should be changed accordingly. Even if you know the employee is trans that information should be restricted and treated like people don't know, for example not disclosed to new staff. Consider a new starter even without a GRC they are under no obligation to disclose their legal gender (certain jobs exempt for safeguarding reasons). Requiring a trans employee or one you think may be trans to prove legal gender is discrimination unless you have the legal gender of all staff on record, ie you have copies of everyone's birth certificates.

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