Gender reassignment

Gender reassignment occurs when there is a disconnect between the sex assigned at birth and the personal gender identity an individual holds. This transition process does not have to include medical intervention for you to be protected by the Equality Act as it is a personal process. For example, changing your pronouns or name would still protect you under the act. The Act protects you at any stage whether you are undergoing, planning to undergo or have undergone the process of gender reassignment. 

 

The Equality Act makes clear that you cannot be discriminated against for the following reasons: 

• You’re a trans person at any stage during the gender reassignment.
• You are perceived to be undergoing gender reassignment. For example, someone is discriminated against because they are seen to be wearing feminine attire even though they do not identify as a woman. This is known as discrimination by perception.
• You are associated with a trans person undergoing gender reassignment. For example, parents of trans children suddenly face difficulties at work on that basis. This is known as discrimination by association. 

 

Discrimination can take place in all sorts of ways. The Equality Act 2010 lists four separate ways this can occur under its Gender Reassignment section. 

• Direct Discrimination occurs when someone treats you worse than a person in a similar situation due to you transitioning. An example of this might be an employee demoting you after you notify them of your plans to transition. 
• Absence from Work if you are absent from work due to something related to your transition then your employer must obey the rules in the Equality Act. 
• Indirect discrimination occurs when an organisation has a policy or particular culture of working that has adverse effects on trans people compared to their gender-conforming counterparts. Organisations are liable for indirect discrimination unless the organisation can illustrate that there’s a good reason for its use. For example, a care-home owner has to respect the wishes of their residents when it comes to providing personal care.
• Harassment: This is perhaps one of the most explicit forms of discrimination. It takes place when someone is treated in such a way that makes you feel ashamed, offended or degraded. An example of this might be a work colleague using derogatory and transphobic language in the workplace. 
• Victimisation: This is when an individual has lodged a complaint due to a workplace’s mistreatment and then is treated far worse for it. This also includes people who have helped support the lodging of a complaint. Examples of this might be an organisation threatening to demote a staff member who is supporting their colleague’s discrimination claim or an individual reporting the transphobic harassment they have faced.

 

Organisations that provide support

It is typically always best to use whatever informal routes are available within your organisation. However, if this is not possible, you can pursue the organisation’s internal complaints procedure. It is still worth seeking out external support whether you want to further escalate your complaint or simply need support through the process. 

 

If you wish to seek support and advice for your complaint, Lestons can act as an advocate on your behalf. As an advocate, we can liaise with the relevant organisation and can also represent you if you choose to escalate the complaint further and take an appeal to the court. Several organisations provide advisory support as you go through the complaints process. 

• GIRES: The Gender Identity Research and Education Society is a charity that hears and gives a voice to trans and gender non-conforming individuals, including those who are non-binary and non-gender, as well as their families. It offers resources on a range of areas relating to being trans and offers training for educational and medical professionals
• TransUnite is a comprehensive list of resources for trans people in the UK. It includes a list of advice and support groups for people to access locally and digitally. 
• Mermaid supports transgender, nonbinary and gender-diverse children and young people until their 20th birthday, as well as their families and professionals involved in their care. We also currently offer web chat support to students up to the age of 25.

 

How we can help

To gain our assistance you need to open a case, this is done by taking advantage of our free consultation service, activated by the link at the top of the page, should you wish to start a case the caseworker will send you the suitable payment link. 

 

Please note your caseworker can only give generic advice, their role is to prepare your details for handling by our legal team and medical consultant and to act as your point of contact, they will also issue you with your Password and PIN, these will be needed to log onto your client dashboard. From your dashboard you will be able to manage and view every aspect of your case, upload documents, images, files etc.