Enby they/them pronouns - what's the law on this?

[SirChenjins]

New person coming into my team who I think may want others to use they/them. I have a standard team signature that I don't want altered, but if my suspicions are correct and she starts bringing her whole enby self to work, where do we stand legally if I or anyone else says nope, not doing that?

I know the moral arguments on each side of the debate so don't want a rehash of the for's and against's, just want to know where I stand in law .

Turn it the other way round and ask in what way this employee could raise a grievance.

If the email signature format rules apply to everyone, without exception, then I'm not sure what grounds she would have here.

Is it just the email signature the company don’t want changed? I don’t think there is necessarily a law concerning email signatures, but it could be seen as discrimination/harassment.

The email signature is one I have for my team - it's not an organisation-wide one, so although I will push back on changes I don't think I have a leg to stand on there.

It's more if she then starts asking/telling the team to refer to her as they/them. Legally, do we have to? It doesn't align with my philosophical beliefs on gender ideology, and I suspect from some conversations that it won't align with others either.

I don't see what grounds there would be for a complaint of discrimination.

Discrimination claims are based in the protected characteristics in the Equality Act 2010, one of which is "gender reassignment". Gender reassignment in the GRA is male to female or female to male. The notes on applying for a GRC on gov.uk specifically underline this: "You can only apply to be recognised as male or female. Non-binary genders are not legally recognised in the UK."
https://www.gov.uk/apply-gender-recognition-certificate

And it has been established in the Ryan Castellucci case that the GRA does not allow for the legal recognition of non-binary gender.

Thanks. I couldn't see what grounds there would be for discrimination, but really want to make sure I'm on solid ground before I push back or make it clear that if she does ask the team to refer to her as they/them, I can say that legally it's their choice and thatno-one will be compelled to use third person plural pronouns when referring to her.

Intentionally not using someone’s correct pronouns can be seen as a form of harassment in UK workplaces. Using ‘they’ in place of she or he is grammatically correct, so calling someone ‘they’ rather than ‘she’s is completely acceptable, but if you’ve stated you don’t want to be called ‘they’, you want to be ‘she’ and a person keeps calling you ‘they’, it could be seen as harassment (and the other way around).

But, is this ever going to happen? Personally I hate being called she, I prefer people to use my name when I’m in their company as I think it’s very rude. When I’m not there, they can call me she/he/they/banana - I don’t really care. I usually refer to people I don’t know the name of as ‘they’ anyway. I don’t think you need to make this into a drama preemptively, it might never be an issue.

Using ‘they’ in place of she or he is grammatically correct...

..when you don't know their identity or sex.

When these are known, it is grammatically correct to use the customary sexed pronoun. A colleague's identity and sex will be obvious. The OP already knows that the person in question is female.

Coercing people into pretzelling their speech with grammatically incorrect pronouns is the nearest thing to harassment in this situation.

No you don't you just use her name or you when talking to her.
If she starts demanding they them or having a go at people for just avoiding pronouns it will be time to have a word with her about her inappropriate behaviour and that she cant demand people use her chosen language all she can do is ask not to be referred to as she/her.

We all have protections under human rights legislation from being forced to tell lies.

You are incorrect about the grammatical use of they.
However it can be harassment to continuously use tge correct sex pronouns for someone who has asked you not too but that doesn't mean you have to use the chosen pronouns avoiding using any pronouns is a legally acceptable compromise.
Also.if this nb person complains about lack of pronoun use and/or corrects people repeatedly that would be harassment and belief discrimination by her to her colleagues

Using ‘they’ in place of she or he is grammatically correct,

Is it though?

If someone says, 'has anyone seen Anna?' It sounds odd to say 'they went that way'. Or, asking 'did Maria want to join us for our lunch walk?' doesn't expect 'they didn't say' as a reply.

Neither of those ‘sound odd’.

Really try these
She is going to the park
They is going to the park.
This is Jane she is the manager
This is Jane they is the manager
Only 1 of each set of statements is grammatically correct the other isn't. They is a plural and shouldn't be used yo refer to a single person

I think a citation is probably required for this.

If my name is Caroline but I ask people to call me Caz and they instead keep calling me Caroline, that's not harassment.

Non-binary does not exist in law, so there's no difference.

Is the Dr (singular, no sex specified) in today?
No they aren’t.
Still not odd.

In practice, your sentences would read
They are going to the park.
This is Jane, they are the manager.

At the moment the person joining the team hasn’t asked or demanded anything. They haven’t forced anyone to use pronouns, this is all about what the OP thinks might happen. I would hate to join a team where the manager had all these preconceptions about me before I had even started.

I don’t think there’s any need to be so combative before the person has even joined. Just see how things go and take it from there, otherwise it sounds like a toxic work environment, especially one where grammar is constantly criticised!

I often say, in response to ‘where is Jan?’, ‘oh they’ve gone to get a coffee’. If someone kept nitpicking my vernacular at work, I’d probably make a complaint!

They are is again plural not singular using they as a singular would require is not are.
You may not have learned these grammatical rules at school or have trained yourself to forget them but that doesn't change the grammatical rules

I don’t know the workplace policies of the OP, but this is (and has) been seen as harassment/bullying in the company I work for and was dealt with accordingly. Whilst it may or may not be unlawful (in your case it could be seen as a way to undermine you due to your sex, which would be unlawful), bullying would be against our code of conduct and would be taken very seriously.

Aw, the patronising tone is just the best x

I'm sure if you were in said Dr's and someone came in and asked you about a missing receptionist (sex unknown).
"Have you seen the receptionist?"
Your answer would totally be
"No, they hasn't been about since I got here"
Or maybe you go with the snappy
"No, he or she hasn't been about since I got here"

Meanwhile, out in the real world...

You have to tread very carefully.

You could end up with a valid grievance in either direction. Either you could have a grievance if you are forced to compromise your protected philosophical belief that sex is immutable (GC views) or the NB person can have a valid grievance if you repeatedly "misgender" her as a form of harassment.

Best speak to HR and find out where they will stand on this. I suspect it won't be to support your views.

They (plural, both examples) sound odd to me.

I had a solicitors letter recently that used "they" throughout when giving me information about several different people. It was really confusing and I will have to check what they (the solicitors, can't remember the sex of the person who wrote the letter) were trying to tell me.

The purpose of language is communication, it seems many forget this.

'"No, they hasn't been about since I got here"
Is again grammatical incorrect.
The correct response would be
Sorry no I haven't seen the receptionist.
This sort of basic grammar used to be taught in primary school and if you can't recognise the way you are twisting it thats a you problem

Back to the legal situation, I think it's unclear where the line exactly is. I think if you use words (even everyday ones like "she") about someone who has specifically asked not to be called she you could be accused of bullying/harassment. If you avoid they and just use her name I think you'd be on fairly safe ground.

Actually it could be. As could refusing to spell or pronounce a name the way the employee has asked.

I agree with @Everlil, I wouldn't be starting from a combative position on this. I'd at least wait to meet them and see how they get on with everyone.

I think you could get into hot water if you're emailing your team encouraging them not to refer to her in the way she's asked, especially if that's combined with your refusal to do so, so I would tread very carefully.

The correct pronouns for a female person would be female pronouns. So you are trying to say 'intentially not using the incorrect pronouns can be seen as a form of harassment'...

If not incorrect then preferred. But not correct.