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If an individual feels that they have been discriminated against due to gender reassignment our specialists will be happy to discuss the case with you. We appreciate that this is often a difficult time and we have a range of funding options available to help both potential claimants and defendants in these matters. 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 01616 966 229 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.
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.
Our civil discrimination team are also committed to representing clients who have been subjected to or have been accused of engaging in less favourable treatment as a result of an individual’s 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 or you have received a complaint of such from a client or customer and would like to speak to a member of our team call us on 01616 966 229 or complete our online enquiry form without delay.
Specialist solicitor Maria Chadwick talks about sexual orientation and gender reassignment discrimination. Maria provides guidance on what can be defined as discrimination, how long you have to make a claim and how the team at Stephensons can assist if you feel you have been the victim of discrimination in the workplace or by public body, a service provider or a private club, society or association.
"We understand that these are very emotive times for our clients and we're committed to getting the best results for our clients day in, day out." - Maria Chadwick
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