Transgender discrimination on the rise

Research has revealed that the number of employment tribunal cases involving discrimination toward transgender staff has more than doubled in the past year.

A leading law firm has found that, between 2021 and 2022, nine cases were ruled upon - compared with just four the previous year.

Some of the cases involved transgender staff accusing colleagues of using the wrong pronouns, he/she/they, when addressing them "deliberately and persistently", while others complained colleagues were using social media to espouse their "transphobic" comments.

In other cases, transgender employees said they were "harassed" for using bathrooms and changing rooms devoted to their chosen gender.

A prominent lawyer, Caroline Baker, said the rise indicates transgender employees are feeling unsupported and, in some cases, unsafe in their workplace. "Actions that employers are looking at implementing to create an inclusive workplace include encouraging employees to state their chosen pronouns, installing some unisex bathrooms in the office or introducing gender-neutral uniforms," she said.

"Employers could also review their application forms to ensure that employees are able to correctly express their chosen gender. Training can help prevent discrimination based on a lack of understanding of gender identity."

Under the Equality Act 2010 it is illegal to discriminate against an individual based on several protected characteristics, such as sexual orientation and sex. Those who have undergone, or are undergoing, gender reassignment are also protected by the legislation. It does, however, remain unclear whether the Equality Act protects discrimination against people who identify as gender fluid, or non-binary.

The research also found a rise in people taking their employers to court over claims they were sacked or discriminated against for believing sex is biologically immutable.

When managing employees whose views on gender are "at odds with one another" bosses are being urged to "tread carefully."