Gender Reassignment Discrimination

If you have had gender reassignment surgery or are thinking about having it in the future, it is illegal for your employer to discriminate against you because of it. If you are the victim of gender reassignment discrimination, you may well have grounds for an employment tribunal claim.
Direct and indirect discrimination

Broadly speaking, gender reassignment discrimination can fall into two categories: direct and indirect discrimination.
Direct gender reassignment discrimination can include:

· Treating an employee or job applicant less favourably because they have undergone or intend to undergo gender reassignment surgery.
· Treating an employee or job applicant less favourably because they associate with someone who has had or intends to undergo gender reassignment surgery.

Indirect gender reassignment discrimination can include:

· Putting into place practices that mean someone who has had or intends to have gender reassignment surgery is disadvantaged when compared with other employees or job applicants.     This means that if you are denied a job, promotion or access to employment benefits because of your gender reassignment, you might have a case to take to an employment tribunal.

Also, if you are harassed in any way, denied rights that should be given as standard or victimised for making a claim against an employer, this could also be classed as gender reassignment discrimination.

Also, if you are absent from work due to gender reassignment then the Equality Act 2010 states that you should be treated the same as an employee who is absent due to sickness or injury. If you are treated less favourably than this you should seek legal advice to discuss your options and whether you have grounds to make discrimination claim.

Time limits
It doesn’t matter how long you have been employed for: if you experience gender reassignment discrimination, you are automatically entitled to make a claim if you so wish. As long as you make your claim to the employment tribunal within three months of the incident(s) taking place, your compensation claim will be valid.
Having a written record and/or other evidence of your discrimination can be helpful when making your case against an employer. Also, your employer is liable for discrimination carried out by another employee even if they were unaware of it at the time. There might be very specific circumstances, however, in which an employer is justified to discriminate against someone, so you should seek legal advice whenever dealing with this sort of claim to make sure the proper procedures are followed.
Thinking of a Gender Reassignment Discrimination Claim?
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