Gender reassignment discrimination

New and updated

• Type:

  Policies and procedures

  Transgender and non-binary equality policy

  Updated to reflect new and evolving terminology, including affirmed gender and gender euphoria.

• Type:

  Employment law guide

  Discrimination in recruitment and selection

  Updated to include a reference to the protection from harassment measures in the Employment Rights Bill, published on 10 October 2024.

• Type:

  Employment law guide

  Discrimination law: The protected characteristics

  Updated to include a reference to Thomas v Surrey and Borders Partnership NHS Foundation Trust, in which the EAT considered if a belief in English nationalism amounted to a protected philosophical belief.

• Date:

  17 January 2023

  Type:

  Podcasts and webinars

  Podcast: Key employment cases of 2022/2023

  We reflect on the key decisions from last year and look forward to the case law trends likely to emerge in 2023. These include cases on: gender identity, holiday pay, coronavirus-related health and safety cases, industrial action, and dismissal and re-engagement.

• Date:

  17 August 2022

  Type:

  Commentary and insights

  HR talking point: Are non-binary employees protected from discrimination at work?

  The language of the Equality Act 2010 around gender reassignment discrimination can now seem outdated and raises questions over exactly who the Act covers. XpertHR senior employment law editor Susie Munro looks at the extent of the protection provided to employees who identify as non-binary or gender fluid.

• Type:

  FAQs

  Are transgender employees protected from discrimination?

• Date:

  17 June 2021

  Type:

  Podcasts and webinars

  Podcast: Creating a transgender inclusive workplace

  Joanne Lockwood, transgender awareness specialist, shares her experience as a transgender woman in the workplace and explores how organisations can cultivate transgender inclusive practices.

• Type:

  Employment law cases

  Religion or belief discrimination: Gender-critical belief is protected, EAT holds

  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.

• Type:

  Letters and forms

  Supporting an employee who is transitioning action plan

  Enhanced to provide further information on available guidance on supporting non-binary and transgender equality in the workplace.

• Type:

  Employment law cases

  Gender reassignment discrimination: Gender fluid and non-binary identities are protected

  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.