Trans Rights: A transitionary phase socially, politically and legally.
31 March was International Transgender Day of Visibility: a day to celebrate the transgender community whilst raising awareness of the discrimination they face on a daily basis.
31 March was International Transgender Day of Visibility: a day to celebrate the transgender community whilst raising awareness of the discrimination they face on a daily basis. Also recently, we have seen furore concerning transwomen in sport, the cancelling of a landmark LGBT+ event due to a mass boycott (caused by the failure to ban conversion therapy for transgender people), and new guidance on the provision (or exclusion) of separate or single-sex services to trans people.
In the near future, we anticipate a judgment from the EAT regarding Dr Mackereth and the DWP, in which Dr Mackereth alleges that he was discriminated against for his beliefs because he refused to agree with the rules on use of pronouns for service users. Since the 2019 ET judgment, the Forstater EAT judgment confirmed that only the most heinous beliefs would be excluded from protection. So what will this do? It’s entirely possible that Dr Mackereth will be successful, but there is a key difference in that (1) his beliefs go further to the extent that he feels entitled to misgender transgender individuals, and (2) his belief is based on theology – Dr Mackereth must therefore show that his belief is shared by the majority of Christians.
Now, more than ever, is a difficult time for transgender individuals. Employers should be seeking to provide inclusive spaces, not hostile or intimidating environments. This can only be helped by having in place suitable policies (equality and diversity, anti-harassment and bullying) and openly encouraging diversity and inclusion within the workplace.
Related expertise
You may be interested in...
Opinion
Can teachers personal and political views amount to misconduct?
Press Release
Browne Jacobson to advise East London Waste Authority on major waste programme
Legal Update
Government updates guidance on holiday rules: What employers need to know
Legal Update
Holiday pay: Government change clarifies treatment of term time only workers
Legal Update
Cyber-attacks in UK universities: Why failing to prepare is no longer an option
Press Release
Browne Jacobson advises Greater Manchester Combined Authority on its investment in Beryl
Opinion
School attendance matters
Opinion
Caregivers at work: Navigating new carer's leave regulations
Opinion
EHRC publishes new guidance on menopause and the workplace
Opinion
Fire and re-hire: Updated statutory code summary for employers
Legal Update
How do holiday pay reforms affect the education sector?
Legal Update
Revised Acas Code of Practice on requests for flexible working
Legal Update
Veganism and manufacturing: Protected characteristics from discrimination in employment law
Opinion
Settlement agreements: Court of Session finds future claims may be settled
Legal Update
Holiday reforms: What employers need to know
Legal Update
Employment law in 2024: How changes impact education
Legal Update
Backpay for leavers: Employers risk unlawful deduction from wages claims
Opinion
New employment rights set to come into force
Legal Update
Minimum Service Levels introduced for ambulance, rail, and border security
Opinion
BBC personality wins appeal on IR35 status
Opinion
Autumn statement 2023 – key take outs for employers
Opinion
Collective bargaining rights
Opinion
Agency cover and strike action
Opinion
Updates in equality – An overview of new regulations
Opinion
Minimum Service Levels and reasonable steps – consultation response
Legal Update
Holiday entitlement and pay: Reforms ahead
Legal Update
A positive duty to prevent sexual harassment
Press Release
Browne Jacobson advises Care Fertility Group on acquisition of CRGW
Opinion
Bonus clawback provisions: Clear and reasonable
Opinion
Third party intervention did not break the chain of causation in whistleblowing detriment claim
Opinion
Holiday pay claims: A series of deductions
Opinion
Monitoring workers – ICO guidance
Press Release
Browne Jacobson strengthens employment team with key partner hire
Legal Update
Greater predictability over terms for workers
Guide
Transforming EDI practices in UK insurance
Opinion
Minimum service levels and reasonable steps
Opinion
Modern slavery in the care sector – how employers can manage risks
Legal Update
Defending equal pay claims: Equal pay for equal work?
Opinion
Government response to Pregnancy Loss Review recommends actions for NHS employers
