What is gender reassignment discrimination?

The Equality Act 2010 makes it unlawful for you to be discriminated against for one or more of the nine protected characteristics: age, disability, gender reassignment, marriage or civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation.

This makes it illegal for colleagues to make discriminatory remarks based on your gender reassignment, and against the law for your employer to treat you unfairly or less favourably for this reason, or to fail to take timely and appropriate action when others in the workplace discriminate against you. All of this applies whether you simply intend to undergo, are undergoing or have undergone gender reassignment.

In fact, in some cases, it may be possible to speak to your employer at an early stage of the gender reassignment process to see if they're willing to help you through the changes that lie ahead as sympathetically as possible. Our experienced and understanding employment solicitors are here to help you make this sort of request, as well as to assist you if you've been subjected to any sort of discrimination in the workplace due to your gender reassignment. Call us on 0330 041 5869 or contact us and we'll call you.

How do you define gender assignment discrimination?

Under the Equality Act 2010, the law recognises four main types of discriminatory behaviour that can lead to you seeking redress at an employment tribunal:

• Direct discrimination: This may happen if you employer treats you less favourably than they treat or would treat others because you intend to undergo, are undergoing or have undergone gender reassignment. For example, if you're moved from a customer-facing role to a back-office role because of your decision to undergo gender reassignment, then this could amount to an act of discrimination.

• Indirect discrimination: This might happen if company policies that applied to everyone led to you being disadvantaged or discriminated against. For example, it might be company policy for your ID tag to always feature your photograph as it appeared on the day you joined the company. If you've since changed sex, this might cause you embarrassment

• Victimisation: This can happen if you suffer from detrimental treatment because you've made a complaint in the workplace about discriminatory behaviours or comments from your employer or colleagues

• Harassment: While the modern workplace is more inclusive than it once was, some colleagues might make offensive comments related to your gender reassignment. If this is the case and if, the comments of behaviour had the effect of violating your dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment, you may have been subjected to acts of harassment

If you believe you've been discriminated against at work - or when applying for work – because of gender reassignment, talk to one of our experienced employment discrimination solicitors today on 0330 041 5869 or contact us online.

What can I do about gender reassignment discrimination?

If you've been subjected to discrimination in the workplace because of gender reassignment you should act quickly, as you only have three months, minus one day, from the date of the last discriminatory act to start a claim at an employment tribunal. Before this can happen, you first send details of your claim to the Advisory, Conciliation and Arbitration Service (ACAS). They will contact your employer to see if 'early conciliation' is possible. This takes up to a month and may be added onto the three-month period wherever necessary. If ACAS conciliation fails or ends, we're here to talk to you about making a claim at an Employment Tribunal.

If you believe you've been unfairly discriminated against, victimised or harassed because of gender reassignment or any other gender issue, speak to one of our experienced solicitors today. Call us on 0330 041 5869 or contact us and we'll call you.