Discrimination Solicitors

Gender Reassignment Discrimination Claims

Being discriminated against because of your gender reassignment is not only unlawful. It can also leave you feeling embarrassed, angry, and upset.

If you have been the victim of discrimination, we can help you hold those responsible to account.

 

Please Note: The Equality Act 2010 uses the term ‘transsexual’ for individuals who have the protected characteristic of gender reassignment. We recognise that some people consider this term outdated, so we have used the term ‘transgender’ to refer to a person who has the protected characteristic of gender reassignment. However, we note that some people who identify as transgender may not fall within the legal definition.

This page is subject to updates due to the evolving nature of some of the issues highlighted.

Have You Been Discriminated Against?

If you would like to seek further advice from our Discrimination Team please complete our questionnaire and a member of the team will be in touch.Go to Questionnaire

What is Gender Reassignment Discrimination?

Discrimination on the basis of gender reassignment is when a person, business, or organisation treats somebody unfairly because they are proposing to undergo, are undergoing or have undergone a process (or part of a process) for the purpose of reassigning the person’s sex by changing physiological or other attributes of sex.

Discrimination could be;

  • A single direct act, or
  • A policy or rule that that results in unfair treatment

It could happen in universities, shops, housing and by public authorities.

Regardless of whether it is intentional or not, gender reassignment discrimination is unlawful.

How is Gender Reassignment Defined?

Gender reassignment is a personal process of transitioning from your birth sex to your preferred gender.

It does not have to have involved a medical or surgical procedure to transition.

The Equality Act 2010 protects you if you;

  • Are planning to undergo
  • In the process of undergoing, or
  • Have gone through the process, or
  • You dress in a way to express your chosen gender

You also do not have to have applied for of have a Gender Recognition Certificate to be protected.

Types of Gender Reassignment Discrimination

There are four types of gender discrimination;

Direct Discrimination

Is when someone treats you worse because of your gender reassignment.

An example might be a nightclub refusing to let you in because you are transgender.

Indirect Discrimination

This when a rule or policy that should apply to everyone but treats those who are transgender unfairly.

For example, in a university class, the tutor tells students to bring a photo of them as a child. A transgender student does not bring in a picture and they do not want their peers to know of their transition and the student is then disciplined.

Discrimination by Association

Is when you are discriminated against because you are with someone who is transgender.

An example might be a gym excluding from you from classes because your attend with a friend who is transgender.

Discrimination by Perception

Is when someone discriminates against you because they believe you are transgender.

A woman is refused treatments at a beauty spa because staff believe she has transitioned.

Who Can I Make a Claim For Discrimination Against?

You can claim against any person, company or organisation that provides a service to the public. This includes, but is not limited to;

  • Shops
  • Travel agents and holiday companies
  • Public and private hire transport companies
  • Supermarkets
  • Restaurants and cafes
  • Gyms and spa’s
  • Leisure centres
  • Local councils and public bodies
  • Private clubs
  • Central government

How Long Do I Have to Make a Claim?

The limitation period is very short at six months, less one day from the date your discrimination took place.

So, if you want to make a claim, you should get in touch as soon as you can.

How to Bring a Claim For Gender Reassignment Discrimination

If you think you have suffered discrimination because of gender reassignment, you might have a claim.

Get in touch and we will take some details about your experience. We will also ask if you have any supporting evidence. This could include;

  • Written correspondence– these could be letters, emails and text messages.
  • Voice or video recordings – these include voicemails, answerphone recordings and/or video recordings
  • Statements from witnesses – if anyone saw your discrimination take place, we could use their statements
  • Your own, personal statement – If your discrimination happened in a conversation or in a way you cannot record, we may be able to use your own statement.

Once we have all this information, we can let you know if you have a claim we can pursue. If you have a do, we will explain the process and talk you through the next steps.

Have You Been Descriminated Against?

If so, we can help you make positive change and maybe claim compensation.0333 3580 393

Why Choose Ringrose Law?

Our discrimination team have represented individuals and acted in cases that affected thousands of people.

We have made claimed against private companies and well as public bodies like councils and even central government.

This gives us a unique perspective and we see how discrimination affects people. It can leave you feeling upset, embarrassed and angry. We have also seen it have huge effects on mental health.

If you have suffered discrimination because of your gender reassignment, we are on your side. We can help bring justice and create lasting change so that others do not experience what you have. In some cases, we can even claim compensation.

How can we help?

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    Frequently Asked Questions

    On average, it takes 6-12 months to settle for claims to reach a conclusion. However, this varies case by case.

    In cases with lots of supporting evidence, or where the other side accepts liability, could settle quickly.

    Complex cases that involve a campaign of discrimination, or where the other side refuses to admit fault can take as long as three years.

    You may be able to claim compensation although this depends on a case-by-case basis.

    If we do claim compensation, it will be on the grounds of;

    • Injury to feelings – this is the emotional distress you have suffered
    • Personal injury – this includes physical and psychological trauma you have suffered

    It is rare that a claim goes to court.

    In the almost all cases, we can reach a settlement through negotiation. If we are not able to reach a settlement, we could take your case to court. However, this is a last resort.

    If we do take your claim to court, we will make sure you are fully prepared and be right by your side. You will not face it alone.

    There are a few ways to fund a discrimination claim;

    • Through existing insurance policies – An existing home or car insurance policy might have legal cover included. Some insurance companies include it as standard, other charged an extra fee.
    • No win no fee – You could also pursue a claim using a no win, no fee agreement. This does not cost anything to start, and you will not have to pay anything if your claim is unsuccessful. You will only have to pay when your claim is successful.
    • Private finds – if the first two choices are not an option, you could choose to pay to pursue the claim yourself.
    John KnightSenior Director & Solicitor
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    01522 561020
    Richard TeareDirector & Solicitor, Personal Injury & Medical Negligence
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    01522 561052
    Nerina Farmer TEPDirector & Solicitor
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    01476 590200
    Amanda FinnPartner & Solicitor
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    01476 515859
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