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Gender reassignment discrimination
In Forstater v CGD Europe and others, the Employment Appeal Tribunal held that the consultant's belief that sex is biologically immutable amounts to a philosophical belief within the meaning of the Equality Act 2010.
In Taylor v Jaguar Land Rover Ltd, an employment tribunal held that the definition of gender reassignment in s.7 of the Equality Act 2010 covers employees who identify as non-binary or gender fluid.
In de Souza E Souza v Primark Stores Ltd, the employment tribunal awarded £47,433 to a transgender employee who suffered harassment and recommended that the employer adopt a written policy on how to deal with new and existing staff who are transgender or who wish to undergo gender reassignment.
In A v Chief Constable of West Yorkshire Police and another, the House of Lords holds that refusing to employ a post-operative male-to-female transsexual was an act of unlawful discrimination.
In Goodwin v United Kingdom (11 July 2002), the European Court of Human Rights (ECHR) rules that the lack of recognition in the UK of a transsexual's new gender identity for legal purposes is a breach both of article 8 of the European Convention on Human Rights (respect for private life) and article 12 (right to marry).
In Ashton v Chief Constable of West Mercia Constabulary [2001] ICR 67 EAT, the Employment Appeal Tribunal upheld an employment tribunal's decision that a male to female transsexual dismissed due to poor performance had not been discriminated against on grounds of sex, although the poor performance was linked to the side effects of medical treatment for gender reassignment. It also upheld a finding that the employee was not disabled within the meaning in the Disability Discrimination Act 1995.
In P v S and Cornwall County Council (30 April 1996) EOR68A, the European Court of Justice rules that discrimination on grounds of a gender reassignment contravenes the EC Equal Treatment Directive.
Employment law cases: HR and legal information and guidance relating to gender reassignment discrimination.