Gender Reassignment Discrimination

Gender reassignment is one of the protected characteristics under the Equality Act 2010.

Gender reassignment is the process of transitioning from one gender to another. The individual may have hormone treatment and/or surgery.  Employers should also note that some transgender employees will transition without medical treatment by either changing their name or clothes. 

The number of individuals who undergo gender reassignment is relatively small. However, where the situation does arise, employers must ensure that they do not treat the employee unfairly. Following good practice will help to make the transition for the transgender employee, work colleagues and clients as smooth as possible.

In de Souza E Souza v Primark Stores Ltd ET/2206063/2017, the employment tribunal upheld a claim of gender reassignment discrimination and harassment against Primark. The tribunal recommended that the retailer to write a policy on how to deal with new and existing transgender staff and awarded £47,433 to the employee.