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If an employee has accused you of gender reassignment discrimination in your role as an employer, it is vital that you seek advice from an experienced team of employment solicitors as soon as possible.

Accusations of discrimination can have a significant impact on your business. As well as proving disruptive, time-consuming and costly, a successful claim by an employee can cause irreparable damage to your professional reputation and the standing of your business with customers and partners alike.

If you are in such a position, speak with a member of our team today to discuss in detail your circumstances and how best to proceed. Call us on 01709 828 044 or complete our online contact form.

What is gender reassignment?

Gender reassignment is the process whereby you change your birth sex to match your gender identity. The term includes any part of the process. Someone who is transsexual has proposed to undergo, is in the process of undergoing or has undergone gender reassignment.  Gender reassignment is not a medical process – it is a personal process. An employee does not have to have undergone surgery or any other medical procedure to be classed and protected as transgender.

Transgender and transsexual people are offered protection under the Gender Recognition Act 2004 and the Equality Act 2010. The Gender Recognition Act 2004 enables a transsexual person to obtain a Gender Recognition Certificate, which legally changes their gender. The Equality Act 2010 establishes gender reassignment as a 'protected characteristic' – if an employer treats a worker or employee unequally on this basis, this will be considered discrimination. The provisions in the Equality Act 2010 makes such conduct unlawful.

What forms can gender reassignment discrimination take?

There are four forms of gender reassignment discrimination:

Direct discrimination

This is when an employee or worker is treated less favourably because of their gender reassignment. An example would be the refusal to grant sick pay to an employee who has taken time off due to gender reassignment.

Indirect discrimination

This is when a policy is introduced by an employer that, while applying to all workers, puts individual employees at a disadvantage because they are transgender.

Harassment

Harassment is conduct that humiliates, degrades or offends an employee. A colleague refusing to work with an employee because of their gender reassignment would be considered harassment.

Victimisation

Victimisation is when someone suffers detrimental treatment because they have complained or raised an issue regarding discrimination, or because they have supported a colleague to do so.

Contact our Transgender Discrimination Solicitors

The employment lawyers at Wilford Smith can offer the most strategic and proactive legal advice to help you defend yourself against a discrimination claim made by an employee.

Whatever the circumstances of the claim, our employment team are on hand to discuss matters in detail, addressing any concerns or questions you may have quickly and without the use of legal jargon.

To discuss your case, contact our employment team on 01709 828 044.


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