You have the right to be projected against discrimination because you’re trans. Our recent article about gender reassignment explains more.
However, the law can be complicated in transgender cases, and here’s a story that might interest you.
MB married her wife in 1974, and underwent gender surgery to transition to female in the 1990s.
In 2008, MB reached 60, and applied for her state pension. However, her application was rejected because she didn’t have a full gender recognition certificate. She was told to wait until the male retirement age of 65.
However, MB didn’t have a certificate because the UK did not permit same-sex marriage back in 2008. This meant that her marriage would have to be annulled in order for her to gain legal recognition as a woman.
MB took her case to the UK Supreme Court, arguing that her rights had been infringed. But the court was unable to reach a decision, and the issue was referred to the European Court of Justice.
The ECJ recently determined that it was discriminatory to deny her a pension, with Advocate General Michal Bobek ruling that the way MB was treated “amounts to direct discrimination on the basis of sex”.
What this means to you
The situation that MB suffered has now changed in the UK.
Same-sex marriages are now permitted, so transpeople are no longer required to annul their marriages. Also, the pension age for women is being slowly raised to equal that for men by 2020, so the problem she faced will soon disappear.
Direct discrimination is characterised by the unequal treatment of a comparable group of persons to the detriment of another group due to their ‘protected characteristic’ (in this case their sex).
If you are experiencing discrimination because you’re transgender, please let us know, and we’ll provide help and advice.
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