Pronouns Use in the Workplace - An Employer's Guide

Checklist: What an employer can and cannot do

We’ll go through the following in this quick guide:

• Can I refuse to use pronouns?
• Why do people use pronouns instead of gender?
• Why is it important to respect all genders?
• Can you force employees to put pronouns on emails?
• Is it necessary to use pronouns in a CV?
• Is it illegal for an employer to ask an employee’s gender?
• Which pronouns are expected to be used?
• Our solicitor’s expert opinion

There is no legal requirement for workers to state their gender or preferred pronouns publicly, or any law that asks companies to make their employees choose a pronoun. Nevertheless, there is nothing to stop workers from including their preferred pronouns in email signatures should they wish to (though employees would be wise to check any Company policy around company-wide standard email signatures first before doing so).

Some businesses have started to ask employees to include their pronouns in email signatures. However, for those thinking of introducing such a policy in an effort to be more inclusive, it could have the opposite effect.

Can I refuse to use pronouns?

While encouraging employees to share their pronouns contributes to creating a supportive and inclusive workplace, sharing your pronouns remains a personal choice and should not be mandatory.

Why do people use pronouns instead of gender?

Pronouns provide the opportunity to identify where an individual is on the gender-spectrum. Choosing to disclose your pronouns tells others that you will not assume their gender and contributes towards creating an open and inclusive workplace culture.

Why is it important to respect all genders?

Respecting all genders is crucial to fostering an inclusive and equitable environment where individuals feel valued and accepted, regardless of their gender identity. It helps to break down harmful stereotypes and promotes diversity, leading to greater understanding, collaboration, and wellbeing in both the workplace.

Can you force employees to put pronouns on emails?

No, employees cannot be forced to disclose their pronouns. While it may be encouraged as part of an inclusive workplace policy, mandating it could infringe on personal choice. Employees should feel comfortable with how they represent themselves without being compelled to disclose aspects of their identity.

Is it necessary to use pronouns in a CV?

Including pronouns on a CV is not necessary, but it can be a useful way to clarify your preferred way of being addressed from the outset. Some job seekers opt to include them to signal inclusivity and prevent any assumptions about their gender identity, but it remains a personal decision.

Is it illegal for an employer to ask an employee’s gender?

It is not illegal for an employer to ask about an employee’s gender in certain contexts, such as for monitoring diversity, equal opportunities, or ensuring compliance with employment laws. However, such questions should be handled carefully to avoid discrimination and respect privacy.

In an interview setting, if you are asked questions that relate to a protected characteristic under the Equality Act 2010, (age, disability, gender reassignment, marriage or civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation), and you are then treated differently as a result, then you are entitled to make a claim of unlawful discrimination.

Which pronouns are expected to be used?

The pronouns to be used are those that the individual identifies with. Common pronouns include “he/him,” “she/her,” and “they/them,” but others may be used depending on personal preference. The best practice is to ask politely and respect the pronouns someone shares with you.

Our solicitor’s expert opinion

David Browne, one of our employment law experts, had this to say on the matter:

“Although such a request may be done with the best intentions – to address individuals with respect and courtesy in the way that they wish to be referred to – employers must be wary about asking for information from employees that could impact the way they are treated. Despite the fact that they can’t force people to disclose this kind of information, everyone should feel comfortable sharing preferred pronouns if they feel it important to do so.

“Under the law of England and Wales there are nine protected characteristics: age, sex, race, disability, religion or belief, sexual orientation, gender reassignment, pregnancy or maternity and marriage or civil partnership. It is against the law to make an unjust or prejudicial distinction in the treatment of any individual or group because of these characteristics and that treatment is prohibited in one of four main forms.

“These are, direct discrimination (less favourable treatment because of a protected characteristic), indirect discrimination (the application of rules or arrangements which put those with a protected characteristic at a disadvantage), harassment (unwanted conduct on the basis of a protected characteristic that creates a hostile or degrading environment) and victimisation (unfair treatment of an individual because they’ve complained, or may complain, of discrimination).

“Forcing employees to reveal their pronoun preferences could leave employers open to discrimination claims, and employees feeling alienated.

“Having an inclusive workplace culture is crucial. However, singling out one group of people is a dangerous game for employers. Being open, honest and, above all else, celebrating people’s differences will no doubt go a long way to improve culture, retention and breed a workforce that looks beyond age, gender, race or the like. There is simply no need to force employees to reveal any more information than they are comfortable with.”

For advice or guidance on any other commercial or legal issues, a member of our team can walk you through everything – get in touch today.