Gender Reassignment Discrimination

What is Gender Reassignment Discrimination?

Gender reassignment discrimination occurs when an individual is treated unfairly because they are undergoing, have undergone, or are perceived to be undergoing gender reassignment. Under the Equality Act 2010, this type of discrimination is unlawful and applies to all aspects of employment, including recruitment, training, promotion, and dismissal. It is important to note that protection against gender reassignment discrimination is available to anyone undergoing or proposing to undergo a process of gender reassignment, regardless of the stage of their transition.

Types of Gender Reassignment Discrimination

Direct Discrimination occurs when an individual is treated less favourably than another person in a similar situation because they are undergoing or have undergone gender reassignment. For example, refusing to hire someone because they are transitioning is a form of direct discrimination.

Indirect Discrimination occurs when a workplace policy, practice, or criterion is applied universally but disadvantages people undergoing gender reassignment. For instance, a uniform policy that does not accommodate gender identity may disproportionately affect transgender employees.

Harassment involves unwanted behaviour related to a person’s gender reassignment that violates their dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. This could include making derogatory comments about someone’s gender identity or deliberately using the wrong pronouns.

Victimisation occurs when someone is treated unfairly because they have made or supported a complaint about gender reassignment discrimination. For example, if an employee raises concerns about discriminatory behaviour towards a transgender colleague and is subsequently ostracised or demoted, this could constitute victimisation.

How We Can Help?

At Dutton Gregory, we offer a full range of legal services to help employers manage gender reassignment discrimination issues effectively.

Policy Audits and Development

We can review your existing policies to identify potential risks of gender reassignment discrimination and help you develop or update policies that promote inclusivity and comply with current legislation.

Risk Management

We can work with you to assess the potential risks of gender reassignment discrimination within your organisation and recommend proactive measures to address these risks, reducing the likelihood of costly legal disputes.

Defending Gender Reassignment Discrimination Claims

If your organisation faces a gender reassignment discrimination claim, our skilled solicitors can provide expert legal representation, developing a robust defence strategy to protect your interests. We have a proven track record of successfully defending employers in complex discrimination cases.

Bespoke Training Programmes 

We can deliver customised training sessions to educate your HR team, managers, and employees about gender reassignment discrimination and how to prevent it. This includes guidance on best practices for creating an inclusive environment, recruitment, performance management, and handling grievances.

What next?

For more information about employment law advice, please contact us at contact@duttongregory.co.uk or contact Darren Tibble as head of our employment team.