When your gender identity differs from the gender assigned to you at birth, you have the right not to be discriminated against.
It’s simple. You shouldn’t be treated any differently, whether it’s intentional, a one-off, or as a result of a rule or policy.
Note that the Equality Act 2010 refers to ‘gender reassignment’ and ‘transsexual’, although a 2016 report by the Women and Equalities Committee recommended that these outdated and misleading terms are changed to ‘trans’ or ‘transgender’.
The Act protects you from being disadvantaged because of gender reassignment, if people think you are trans, or if you are connected with someone who is trans. This applies whether or not you have undergone any treatment to change from your birth sex to your preferred gender.
- Your employer should not treat you worse than someone else just because you’re trans (for example, by transferring you to a non-customer facing role).
- If you’re absent because of gender reassignment, your employer can’t treat you any differently from someone who’s off sick due to illness or injury.
- You should not be disadvantaged by a policy or way of working (unless your employer can show good reason).
- You should not be harassed, humiliated, offended or degraded because you are transgender.
- Finally, you must not be treated badly if you make a complaint about discrimination for yourself or someone else.
If any of these situations apply to you, please let us know. We may be able to make a claim on your behalf.
There are a few occasions when you can legally be being treated differently, such as when your organisation is covered by one of the exceptions to the Act, or when your employer is taking positive action.
It’s complicated – so do get in touch and we’ll advise you.
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To make a free enquiry based on any of the issues raised on this page please contact us on 0808 168 7288, or complete the online contact form at the top right of this page.
We have already helped thousands of people to win millions of pounds in compensation.
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