Gender reassignment discrimination
All workers have the right to be treated with dignity and respect and are legally protected against discrimination, harassment and victimisation.
If you are being treated unfairly, talk to your UNISON rep.
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Gender reassignment discrimination: an introduction
Transgender people are those whose gender identity or expression doesn’t conform to their sex at birth. The relevant legislation uses the term transsexual, however, this is now considered outdated, and many people prefer to use the term ‘transgender’ or ‘trans’.
Some transgender people decide to live permanently in the opposite sex to their birth sex (gender reassignment or transition). This may involve medical and surgical procedures which can take months or years to complete.
In Great Britain, people are protected against harassment or discrimination in the workplace because of their gender reassignment under the Equality Act 2010. They protect people who are undergoing or have undergone gender reassignment, people who are considering undergoing gender reassignment and people who are incorrectly perceived to be transgender.
In Northern Ireland, protection from discrimination on the grounds of gender reassignment is provided under the Sex Discrimination (Northern Ireland) Order 1976, as amended by the Gender Reassignment Regulations. These laws protect individuals who propose to undergo, are undergoing, or have undergone gender reassignment.
It is not necessary for people to have any medical diagnosis or treatment to gain this protection: it is a personal process of moving away from one’s birth gender to the preferred gender.
What constitutes discrimination?
Unlawful discrimination against a worker because of gender reassignment includes less favourable treatment, such as not offering the worker employment, less favourable terms and conditions, fewer opportunities for promotion and training or dismissal.
A person harasses another if they engage in unwanted conduct related to gender reassignment, which has the purpose or effect of violating the other person’s dignity or of creating an intimidating, hostile, degrading, humiliating or offensive environment.
You may be being harassed on grounds of gender reassignment, if you are:
- humiliated;
- subjected to unwanted comments;
- ignored;
- excluded.
A lot of people put up with less favourable treatment or harassment, hoping that it will stop. But it usually won’t stop until someone takes action. Harassment on the grounds of gender reassignment is treated as a form of discrimination in Northern Ireland law.
Complaints can be made under the Equality Act or the Northern Ireland order. If you are forced to resign, you may be able to make a constructive unfair dismissal claim. However, wherever possible, you should seek advice before you resign.
Employer responsibilities
Employers must offer the same opportunities to every employee and treat everyone in the workplace fairly and with respect.
The ‘public sector equality duty’ requires public-sector organisations to have due regard to the need to eliminate discrimination and promote equality and good relations in the workplace. Find out more about public-sector equality duty.
External advice and support
Frequently asked questions
You are protected from such harassment and other forms of discrimination under the Equality Act and the Sex Discrimination (NI) Order 1976, as amended by the 1999 regulations.
You should speak to your UNISON rep immediately if you experience harassment.
Constructive unfair dismissal is a difficult claim to bring in an employment tribunal so you should talk immediately with your UNISON representative before you decide whether to resign so that they can provide support and guidance.
You should speak to your UNISON rep to get advice on your next steps
Legal disclaimer
The information contained within this article is not a complete or final statement of the law and is based on the laws of England, Wales, Scotland and Northern Ireland.
While UNISON has sought to ensure that the information is accurate and up to date, it is not responsible and will not be held liable for any inaccuracies and their consequences, including any loss arising from relying on this information. If you are a UNISON member with a legal problem, please contact your branch or region as soon as possible for advice, or for non-employment matters call UNISONdirect.