Gender reassignment discrimination

If you feel that you have been discriminated against due to gender reassignment our specialists will be happy to discuss your case with you. We appreciate that this is often a difficult time and we have a range of funding options available to help. In some circumstances we may be able to offer a ‘no win no fee arrangement’. Please complete our online enquiry form or call us on 0203 816 9302 and we will be happy to discuss your options and guide you through the process.

The Equality Act 2010 states that people who are proposing to undergo, are undergoing or have undergone a process to transition from one gender to another are to be protected from discrimination.

Gender reassignment is a personal, as opposed to an exclusively medical process and therefore individuals who are preparing to reassign their gender without having yet undergone any medical procedure are protected from less favourable treatment under equality law.

If an individual has started the reassignment process but has decided not to continue with it, he or she will still have the characteristic of gender reassignment to ensure protection from discrimination under equality law. 

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Discrimination claims

A transgender person does not need to advise their employer, public body, service provider or association of their gender reassignment status to be protected under the Equality Act. However, if an individual intends to bring a claim for discrimination on the basis that their employer or one of these organisations treated them less favourably due to their gender reassignment, then some knowledge of the characteristic in question will of course be required.

It should also be noted that less favourable treatment due to a perception that an individual is undergoing gender reassignment (whether correct or not) is covered by under the Equality Act.

An employer, public body, service provider or association can be held accountable for the conduct of their employees which gives rise to claims against these businesses or organisations.

Commonly, cases involving gender reassignment discrimination include claims for direct discrimination, indirect discrimination, harassment and/or victimisation.

Our Employment team has successfully represented clients nationwide in claims of discrimination against employers as a result of less favourable treatment and dismissal based upon their transgender status.

Civil discrimination

Our civil discrimination team are also committed to representing clients who have been subjected to less favourable treatment as a result of their transgender status in the course of the provision of services by all manner of businesses, (including nationwide leisure and retail outlets), public bodies and associations.

If you believe that you have been the victim of discrimination because of your gender reassignment status and would like to speak to a member of our team call us on 0203 816 9302 or complete our online enquiry form without delay.

How we can help

Case Study 1: We acted on behalf of an individual undergoing gender reassignment when he was refused access to the male washroom facilities at a local leisure centre he had regularly attended for a number of years. When he complained of his treatment to management, he was told to use an “out of order” toilet. We successfully negotiated a financial settlement his favour and secured an agreement from the leisure centre that he was to be allowed access to the male facilities in future.

Case Study 2: We acted on behalf of a person who had undergone the transition from male to female and had been repeatedly addressed by an employee of a pub she had attended as “he", despite repeatedly requesting that she be addressed using the feminine pronoun. Again, we secured a financial settlement for this client in recognition of the distress suffered.

 

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