In Grant v United Kingdom 23 May 2006 ECHR, the European Court of Human Rights has held that that it was a breach of a transsexual worker's human rights to refuse to pay her a state pension from the women's retirement age of 60.
In A v Chief Constable of the West Yorkshire Police & anr, the Court of Appeal holds that, after the ECHR decision in Goodwin v UK, post-operative transsexuals are legally members of their chosen gender in the employment context, except where there exist significant factors of public interest which outweigh the interests of the individual applicant in obtaining legal recognition of his or her gender re-assignment.
A pre-operative male-to-female transsexual was not discriminated against when required to use the gender-neutral disabled toilet at her workplace, rather than the women's toilets, the EAT holds in Croft v Consignia plc.
This week's case round-up from Eversheds, covering: gender reassignment and statutory minimum remuneration.
An employment tribunal was wrong to find that there existed a conflict between the gender reassignment provisions of the SDA and the Equal Treatment Directive because of the theoretical possibility of an absolute bar on the employment of transsexuals as police constables on the ground that they would be liable to be called upon to perform intimate physical searches, the EAT holds in The Chief Constable of the West Yorkshire Police v A and the Secretary of State for Education and Employment.
The EC Equal Treatment Directive precludes dismissal of a transsexual for a reason related to a sex change, holds the European Court of Justice in P v S and Cornwall County Council.
In KB v National Health Service Pensions Agency and another, the Court of Appeal refers to the European Court of Justice for a preliminary ruling on the question whether the exclusion of the female-to-male transsexual partner of a female member of the NHS pension scheme, which limits the material dependant's benefit to her widower, constitutes sex discrimination in contravention of Article 141 EC and the Equal Pay Directive.
A male-to-female transsexual who was subjected to a concerted and prolonged campaign of harassment and ostracism by colleagues following her announcement that she intended to undergo gender reassignment was directly discriminated against on the grounds of her sex contrary to the Sex Discrimination Act , holds the EAT in Chessington World of Adventures Ltd v Reed.
HR and legal information and guidance relating to gender reassignment discrimination under the Sex Discrimination Act 1975.