Supporting non-binary people in the legal industry

To mark International Non-Binary People’s Day, this article offers an insight into what it’s like working in the legal industry as a non-binary lawyer, and provides advice to employers in the legal profession on how they can best equip themselves to work with non-binary lawyers like me, as well as LGBTQIA+ colleagues more generally. LGBTQIA+ experiences are way more entwined than is often acknowledged at present. Firms need to provide for all.

I qualified as a solicitor and changed my name before I came out as non-binary. I had just qualified and was heading to a new law firm in the north-east of England. I was openly lesbian at this point. Tip 1: Someone’s LGBTQIA+ related identity is not always fixed. So, flexibility and a person-led approach is the easiest and most respectful approach.

As is usual, the recruitment and onboarding process predominantly involved a lot of box-ticking and the inputting of personal details. Onboarding paperwork is always monotonous, but on this occasion, it held a further, new characteristic: one of considerable, internal discomfort when inputting my name and gender. Tip 2: Ensure that employee records can be easily updated and include diverse gender options - not just 'male' or 'female' but also 'non-binary' and free text as a minimum. There is no issue with recording an employee as they wish on all internal systems and the vast majority of external platforms. One exception is HMRC reporting (must be 'M' or 'F'). Employers should deal with that sensitively and not make assumptions about employees’ 'legal' genders.

A few weeks into the NQ job, I knew that my birth name had become something that needed to be part of my past and to move forward with a name that felt representative of who I was - so I changed it. It was crucial at the time and making that decision is one of the most important things I have ever done for myself. What helped make that time something I could enjoy was that the firm was excellent. They asked how I wanted to let people know, committed to taking my lead. Records were changed without fuss and I noticed my supervisor calling me my new name regularly, with seeming ease. I could see she was making a huge effort to ensure that she re-trained herself quickly to reliably address me in the way I had asked. This was a simple act of respect and one that I am still hugely grateful for today. There weren’t any invasive, unnecessary questions and instead there was simply a genuine offer of care to ensure I had the space to discuss what I needed to and to have the support I required. My supervisor’s effort created a ripple effect around the team and firm: I saw first-hand the power of leadership in these initial moments and the relief and ease it generated in my working day were significant. Tip 2: If a colleague changes their name: use it. Take personal responsibility for getting someone’s new name correct – it is the simplest illustration of respect you can offer.

I changed my pronouns to they/them a few years later when I came out as non-binary, in July 2018. I use they/them because of the gender neutrality it possesses, which feels most comfortable to me. This has at times been a real source of difficulty for many around me. Some suggest that a singular ‘they’ is an incorrect use of the English language. In fact, there is evidence the singular ‘they’ has been in use for more than six hundred years. The OED cites its first recorded use in 1375, in the romance William and the Werewolf: ‘Hastely hiȝed eche . . . þei neyȝþed so neiȝh . . . þere william & his worþi lef were liand i-fere.’ In modern English, that’s: ‘Each man hurried . . . till they drew near . . . where William and his darling were lying together.’ And it still is today: only yesterday a radio presenter opined: 'whoever the minister [of Defence] will be in 12 months’ time, they will have to deal with this issue…' Tip 3: The singular ‘they’ is not a new or incorrect linguistic phenomenon. Even if it were, language is constantly evolving to accommodate new understanding. If anyone is genuinely struggling, they can always use the individual’s name – a non-binary colleague won’t mind at all.

When I started at my current firm, pronouns were not yet a part of the signature house-style, as was the case with many firms (and still is with some). This initially put an emotional strain on me by having to mention it to everyone I was meeting, if I had the courage and opportunity to do so. I spoke to management about this, and they swiftly introduced a policy that provided staff with the option of including pronouns in their signature. This small gesture has absolutely transformed my business interactions, in house as well as with counsel and clients. Again, little things can make big differences. Tip 4: Provide staff with the option to include their pronouns in their email signature. House styles more generally can be reviewed to make them gender neutral. For instance, you can follow in the footsteps of the judiciary and move away from the salutation 'Sir/Madam'. Instead, ask staff to address the letter to the organisation/firm by name. Tip 5: Consider internal policies generally and ensure wording is considerate. For example, parental policies can be easily adapted to be gender-inclusive; anti-harassment policies should include examples of discrimination against non-binary and gender non-conforming people.

This international non-binary awareness day, organisations and individuals in the legal industry should take the opportunity to ask themselves what they can do to better ensure the comfort and support of their non-binary staff and colleagues. The suggestions within this article are a few of many ways you can do so. Law firms also need to be alive to their (perhaps, unknown) non-binary client base, and the tips above (non-exhaustive) should hopefully be useful within this context also. If a firm doesn’t have any non-binary staff or clients to their knowledge, they should question whether they actually do, but the individuals haven’t had the opportunity or comfort to make their identity known. By becoming more welcoming, the legal industry will not only benefit from the enormous talent of non-binary professionals who might otherwise be dissuaded from a career in the law, but it can also set an example of respect and inclusivity for other sectors and society more generally to emulate.

Lui Asquith is an associate at Russell-Cooke LLP

(they/them)