Gender Dysphoria and the legal services sector

Gender dysphoria describes the discomfort experienced when a person’s sense of being a man or woman (their gender identity) is inconsistent with the physical appearance of the body.

While gender dysphoria appears to be rare, the number of people being diagnosed with the condition is increasing and there is growing public awareness. This may place additional strain on an already stretched NHS, inevitably leading to increasing demand within the private sector

In 2018, the Anglo-Australian firm Herbert Smith Freehills was the first UK law firm to provide all employees with access to gender reassignment surgery. This was the catalyst within a highly competitive sector as others quickly followed; including Magic Circle firms Linklaters and Clifford Chance.

This movement within the legal sector is further evidenced by the increasing number of firms providing structured diversity and inclusion programmes. The top two employers of Stonewall list of the top 100 employers for LGBT staff in 2019 were law firms.

Whilst there’s no doubt this is a progressive step forward within the legal sector, it may also benefit firms commercially as increasingly they are requested to provide details of policies on diversity and inclusion programmes as a core component of prospect tender exercises. 

What are the costs?

The costs vary depending on the type of transition (female to male is considerably more expensive) and the extent of the surgery. There will be additional costs to cover ongoing hormone treatment and speech therapy. Private medical insurers consider a reasonable estimate of costs to be £100,000 over a two to three year period.

Do UK Private Medical Insurers cover gender reassignment?

Covering private treatment for gender reassignment had previously presented a challenge for the insurer market, with the majority of insurers excluding cover. Only the largest firms with bespoke healthcare benefits had the ability to include this.

The increasing employer demand to include either access to psychological treatment and sometimes transition surgery itself, has given the insurance industry food for thought. Now, a number of the main private medical insurers offer options for employers to consider as part of their wider healthcare programme. These options are typically twofold; access to specialist psychological support and the additional option to include the reassignment surgery.

This positive step forward increases accessibility for the wider legal sector. Particularly as we anticipate the number of employees – including those currently in the workforce and those who will join in the future - will expect their employers to provide access to comprehensive healthcare which includes cover for gender dysphoria.

As workplace diversity is an increasing consideration for employers, the importance of taking progressive steps to deliver healthcare benefits which are inclusive for all employees is critical in order to attract and retain top talent. By enhancing healthcare cover to provide access to specialist psychological services and including treatment for the transition surgery itself, employers can ensure the necessary support and choices are in place for transgender employees.

Written by:

Adam J. Riley

Director, Global Client Development

Head, Legal Sector Practice

Employee Benefits & Wellbeing

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