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Gender identity discrimination claims

We have an expert team of discrimination lawyers, practicing in both public and private law.  We represent clients who have been discriminated against because of their gender identity including by employers, NHS Trusts, local authorities, schools, and service providers such as banks. 
 
Unlawful discrimination includes less favourable treatment of someone who is proposing to undergo, is undergoing or has undergone a process (or part of a process) of ‘gender reassignment’. This includes less favourable treatment by an employer or by a service provider, such as a shop, hotel or healthcare provider.  
 
‘Gender reassignment’ is defined in the Equality Act 2010 as ‘reassigning a person’s sex by changing physiological or other attributes of sex.’  There is no requirement for a person to be under any medical supervision to be covered by the protected characteristic of gender reassignment and a person who has transitioned, is transitioning or is proposing to transition socially, without undergoing any physiological changes, would still be covered.
 
As well as prohibiting less favourable treatment because of a person’s gender identity, the Equality Act 2010 also prohibits less favourable treatment of a person because they associate with a trans person.  For example, it would be unlawful for an employer to dismiss an employee because that employee’s partner is a trans person.  The Equality Act 2010 also prohibits less favourable treatment of a person because they are perceived to be a trans person. It is also unlawful for an employer to unreasonably treat someone less favourably because they are absent from work because of gender reassignment and they would have been treated more favourably if they had been absent because of sickness or injury or for some other reason.
 
We also act for clients who have been subjected to gender identity-related harassment by an employer or service provider.  Harassment is any unwanted physical, verbal or non-verbal conduct that has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.  
 
We also act for clients who have been subjected to a detriment because they have complained to an employer or service provider about an act of gender identity discrimination or harassment.  This type of claim is known as victimisation. 
 
Examples of gender identity discrimination cases where we have been instructed include the following:
 
  • Challenging the company responsible for running a prison, HMP Dovegate, for their failure to provide a trans prisoner with access to appropriate healthcare services.
  • Challenging the policies and procedures of a financial services provider that discriminated against trans people.
  • Acting for a claimant who was subjected to gender identity-related harassment by an NHS Trust.
  • Challenging an employer’s decision to refuse to allow a trans employee to use their preferred changing facilities.   
  • Representing a claimant in Employment Tribunal proceedings after they were subjected to harassment and direct discrimination by their employer because of their gender identity;
  • Challenging a refusal by an NHS Trust to provide a young trans person with hormone blockers;
  • Challenging a refusal by an NHS Trust to preserve a trans person’s gametes prior to prescribing and administering hormone treatment, 
 
If you have been affected by discrimination or harassment related to gender identity, and you wish to know whether Leigh Day can assist you, please contact postbox@leighday.co.uk or call 020 7650 1200.
 
You may be looking for an apology or to ensure that what happened does not occur again. You may be looking for a change in policy by a public body. You may be looking for compensation for the way you have been treated.  Whatever your reason for seeking legal advice, we will ensure that any enquiries to Leigh Day will be dealt with sensitively and in the strictest confidence.

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