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Trans woman awarded £25,000 for being deadnamed by employer

A trans woman who was deadnamed by her employer has been awarded £25,400 after successfully claiming direct discrimination on the grounds of gender reassignment.

 

 

 

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Published 20 October 2023

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A Trans woman was awarded just over £25,000 after successfully bringing a claim against her employer for direct discrimination on the grounds of her gender identity (often referred to as ‘gender reassignment’ which is the language used in the Equality Act 2010, but is now an outdated phrase).

The claimant, anonymised in the Tribunal judgment as Miss AB, worked in the transport department of the Royal Borough of Kingston upon Thames. Miss AB transitioned while at work and gave the council, her employer, eight months notice of her transition. Miss AB complained the council failed to support her and had not implemented appropriate policies.

The council admitted in Tribunal that it had not handled the claimant’s transition well and their policies had not been updated. Amongst other things, Miss AB also complained that the council had failed to update their records to reflect her affirmed gender and name. Regrettably, this lead to the claimant being deadnamed. Deadnaming is where someone, in this case the council, continues to use the trans person’s pre-transition name.

In its decision, the Tribunal made a damning finding against the council, stating: “This is a respondent which failed to have in place any policies or practices or procedures to support an individual transitioning. It is an organisation that admits to continuously dead naming the claimant for at least two years.”

The Tribunal found the deadnaming had caused the claimant distress and contributed to a very significant period of ill health for the claimant. The Tribunal made a significant award to reflect the impact of the discriminatory treatment on the claimant. This case is a poignant example of the significant and detrimental impact that deadnaming and misgendering can have on the health and wellbeing of a trans or non-binary person.

The UK has recently seen a rise in transphobia and anti-LGBTQ+ hate crime, and this case demonstrates that employers must be prepared to support trans and non-binary employers, whether they transition while at work or not. They should have adequate policies in place to support staff who wish to update work records to reflect their affirmed gender identity, names and pronouns. Employers should also ensure that managers and decision-makers receive adequate and meaningful awareness training to ensure they feel confident and equipped to support trans and non-binary colleagues.

For more information, please visit our Employment Lawyers page.

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Longer Reads

Trans woman awarded £25,000 for being deadnamed by employer

A trans woman who was deadnamed by her employer has been awarded £25,400 after successfully claiming direct discrimination on the grounds of gender reassignment.

 

 

 

Published 20 October 2023

Associated sectors / services

  • Employment law for employers

A Trans woman was awarded just over £25,000 after successfully bringing a claim against her employer for direct discrimination on the grounds of her gender identity (often referred to as ‘gender reassignment’ which is the language used in the Equality Act 2010, but is now an outdated phrase).

The claimant, anonymised in the Tribunal judgment as Miss AB, worked in the transport department of the Royal Borough of Kingston upon Thames. Miss AB transitioned while at work and gave the council, her employer, eight months notice of her transition. Miss AB complained the council failed to support her and had not implemented appropriate policies.

The council admitted in Tribunal that it had not handled the claimant’s transition well and their policies had not been updated. Amongst other things, Miss AB also complained that the council had failed to update their records to reflect her affirmed gender and name. Regrettably, this lead to the claimant being deadnamed. Deadnaming is where someone, in this case the council, continues to use the trans person’s pre-transition name.

In its decision, the Tribunal made a damning finding against the council, stating: “This is a respondent which failed to have in place any policies or practices or procedures to support an individual transitioning. It is an organisation that admits to continuously dead naming the claimant for at least two years.”

The Tribunal found the deadnaming had caused the claimant distress and contributed to a very significant period of ill health for the claimant. The Tribunal made a significant award to reflect the impact of the discriminatory treatment on the claimant. This case is a poignant example of the significant and detrimental impact that deadnaming and misgendering can have on the health and wellbeing of a trans or non-binary person.

The UK has recently seen a rise in transphobia and anti-LGBTQ+ hate crime, and this case demonstrates that employers must be prepared to support trans and non-binary employers, whether they transition while at work or not. They should have adequate policies in place to support staff who wish to update work records to reflect their affirmed gender identity, names and pronouns. Employers should also ensure that managers and decision-makers receive adequate and meaningful awareness training to ensure they feel confident and equipped to support trans and non-binary colleagues.

For more information, please visit our Employment Lawyers page.

Associated sectors / services

  • Employment law for employers

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