0370 270 6000

Trans Rights: A transitionary phase socially, politically and legally.

11 April 2022

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 opinions

Long covid and whether this amounts to a disability

The recent Employment Tribunal decision in Mr T Burke v Turning Point Scotland, Case no.4112457/2021 found that long-Covid amounts to a disability.

View blog

Bill to establish an “Office of the Whistleblower”

Baroness Kramer has now introduced the Protection of Whistleblowing Bill as a Private Members’ Bill, starting in the House of Lords.

View blog

New mothers suffer a cumulative loss of income of £66,434 over the following decade

Independent think-tank, the Social Market Foundation (“SMF”), has launched a cross-party parliamentary commission on childcare and its implications for mothers.

View blog

New rules for Fit Notes

Where employees are absent from work due to sickness for more than 7 days, they need to provide reasonable medical evidence in respect of that absence for statutory sick pay purposes – this is most frequently satisfied through the provision of a Statement of Fitness for Work, otherwise known as a Fit Note.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up