Transgender
Below is a summary of some of the legislation relating to Transgendered people.
- The Sex Discrimination (Gender Reassignment) Regulations 1999 amend the Sex Discrimination Act 1975 to make it clear that it is unlawful to discriminate on grounds of gender reassignment in employment and vocational training.
This legislation protects against:
- Discrimination
- Harassment
- Victimisation
Situations are covered where any of the above occurs under the instruction of another. Employers can be liable, when any of the above is carried out by their employees
It is unlawful to discriminate against someone if he or she:
- Intends to undergo gender reassignment, or
- Is undergoing gender reassignment, or
- Has, at some time in the past, undergone gender reassignment.
The Gender Recognition Act 2004 enables transexual people to apply for 'gender recognition' and those born in the UK can obtain a new birth certificate. To qualify, a transexual person has to show that:
- They have been diagnosed as having gender dysphoria, or
- They have had gender reassignment surgery, and
- They have lived in their acquired gender role for two years, and
- They intend to do so permanently for the rest of their life.
Gender recognition will mean that transexual people must be treated as of their new sex for all legal purposes, including in the workplace.
Disability Discrimination Act 1995, this Act defines a disability as a physical or mental impairment which has a substantial and long-term (that is, for more than a year) adverse effect on a person's ability to carry out normal day to day activities. A person may have diagnosed gender dysphoria for over a year before receiving any treatment. Although there is no legal precedent, it would be best practice for an employer to make reasonable adjustments for a person in this position. This can include adjusting working hours if necessary and allowing the person to be absent during normal working hours for rehabilitation, assessment or treatment.
Section 8 Asylum and Immigration Act 1996, Since May 2004 a potential employer must see an applicant's proof of identity and right to work in the UK. This includes a UK/EEC passport or a full birth certificate and a P45, P60, National Insurance card or a letter from a Government agency. Some transsexual people may not have any identification documents in their acquired gender, and may have to disclose their transsexual identity. Employers must ensure that this information is kept confidential.
Data Protection Act 1998 Under this Act, transsexualism and gender reassignment would constitute 'sensitive data' for the purposes of the legislation. It can only be processed for certain specified reasons set out in the in the Act.
How to report a Transphobic incident or Hate Crime?
Useful contacts
Transgender-UK
136 Bedford Street South
Liverpool
L7 7DB
The Gender Trust
PO Box 3192
Essex
SS14 1PT