I was delighted to help my client who had been subjected to gender reassignment discrimination at work. Read on for more information about my client’s story.
What Is Gender Reassignment Discrimination?
Gender reassignment is a protected characteristic under the Equality Act 2010. The Act provides protection from discrimination because of gender reassignment.
In the Equality Act, gender reassignment means proposing to undergo, undergoing or having undergone a process to reassign your sex. You can therefore be at any stage in the transition process. To be protected under the Equality Act, it is not necessary for you to have undergone any medical treatment or surgery to change from your birth sex to your preferred gender, or to have applied for or obtained a Gender Recognition Certificate (the document which confirms the change of a person’s legal sex).
In broad terms, conduct amounting to gender reassignment discrimination will fall into one or more of the following categories:
- Direct discrimination – where someone treats you less favourably because you are a transexual person (transexual being the term used within the Equality Act 2010).
- Indirect discrimination – where the workplace has a policy or practice that puts people with the protected characteristic of gender reassignment at a particular disadvantage and puts you at that disadvantage. There is a potential defence to this claim known as objective justification. Essentially, indirect gender reassignment discrimination can be permitted if the organisation can show a good reason for the discrimination.
- Harassment – where someone’s conduct related to gender reassignment violates your dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for you.
- Victimisation – where you are subjected to a detriment because you have complained about discrimination under the Equality Act (for example by way of an internal complaint/grievance or a claim to the Employment Tribunal), or someone believes that you may do so.
My Client’s Story
My client had begun the process of reassigning their sex including changing their name and physical appearance to assume their transgender status. My client informed their line manager and they discussed changes to the working environment due to my client’s transitioning. This included use of bathroom facilities, uniform, amending names on work documentation and understanding around medical appointments. However, changes were not made and my client’s manager made remarks that were insensitive, uncaring and showed a lack of understanding of my client’s position. My client was denied a role within the organisation and was later suspended and their assignment terminated. My client believed this was due to their transgender status as they’d been treated differently from colleagues.
How I Helped
My client was advised to proceed with a grievance and appeal against termination. A Data Subject Access request was also submitted. Due to time limits and notwithstanding that the grievance and appeal were outstanding, the Employment Tribunal process was commenced with a referral to ACAS in the first instance. I advised my client that they had claims for direct gender reassignment discrimination and harassment related to gender reassignment. My client was prepared to compromise their claims and proposed a financial settlement. No agreement was reached during the ACAS Early Conciliation period. My client felt strongly that they wanted to proceed with their claims and I prepared and issued claims to the Employment Tribunal against, not only the organisation, but the individual perpetrator. Following submission of the claims, the respondents indicated a willingness to settle and I was able to negotiate a financial settlement that my client was happy with.
What My Client Said
“Brilliant, Professional and Approachable
I started my case from a rather bad place. While I knew that I had a good case I had no real idea what I was doing. Kathryn at LincsLaw helped me to understand the processes of my case, the potential risks and the things I hadn’t considered. Kathryn is honest, professional, intelligent and friendly and with her help, vast experience and knowledge I was able to go on and get a great outcome for my case and end up in a very happy place.
I would one hundred percent recommend both Kathryn and LincsLaw and I would definitely use them again if I ever needed to.”
Lincs Law Employment Solicitors Can Help You
If you would like advice on your own situation please contact us for a free enquiry on 01522 440512 or via the web chat or contact form on our website at www.lincslaw.co.uk.
Kathryn Bolton
Associate
Specialist Employment Solicitor
Lincs Law Employment Solicitors
Tags: gender reassignment discrimination gender reassignment harassment kathryn bolton Kathryn Bolton Employment Solicitor lincs law employment solicitors Specialist Employment Law Solicitor transgender discrimination transsexual discrimination