All items: Gender reassignment

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  A v Chief Constable of the West Yorkshire Police [1999] ET/1802020/98 (1 report relating to this case)

  • Transsexual GOQ inconsistent with EC law

    Date:

    1 June 2000

    The intimate searches exclusion relating to gender reassignment under s. 7B(2)(a) of the Sex Discrimination Act as amended by the Sex Discrimination (Gender Reassignment) Regulations is not consistent with EC law because it precludes the principle of proportionality, rules a Leeds employment tribunal (Chair: D R Sneath) in A v Chief Constable of the West Yorkshire Police.

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  A v Chief Constable of the West Yorkshire Police and another [2003] IRLR 32 CA (2 reports relating to this case)

  • Transsexual discrimination: Post-operative male-to-female transsexual is a woman for employment law purposes

    Date:

    7 March 2003

    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.

  • Case round-up: gender reassignment and statutory minimum remuneration

    Date:

    26 November 2002

    This week's case round-up from Eversheds, covering: gender reassignment and statutory minimum remuneration.

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  A v Chief Constable of West Yorkshire Police and another [2004] IRLR 573 HL (2 reports relating to this case)

  • Transsexual discrimination: Transsexual entitled to recognition of reassigned gender

    Date:

    2 July 2004

    In A v Chief Constable of West Yorkshire Police and another, the House of Lords holds that refusing to employ a post-operative male-to-female transsexual was an act of unlawful discrimination.

  • Case round-up: subject access requests regarding personal data; and discrimination against transsexuals

    Date:

    25 May 2004

    This week's case round-up from Eversheds, covering: subject access requests regarding personal data; and discrimination against transsexuals.

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  Ashton v Chief Constable of West Mercia Constabulary [2001] ICR 67 EAT (1 report relating to this case)

  • Ashton v Chief Constable of West Mercia Constabulary

    Date:

    31 December 2001

    In Ashton v Chief Constable of West Mercia Constabulary [2001] ICR 67 EAT, the Employment Appeal Tribunal upheld an employment tribunal's decision that a male to female transsexual dismissed due to poor performance had not been discriminated against on grounds of sex, although the poor performance was linked to the side effects of medical treatment for gender reassignment. It also upheld a finding that the employee was not disabled within the meaning in the Disability Discrimination Act 1995.

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  Bavin v NHS Trust Pensions Agency and another [1999] OPLR 285 EAT (2 reports relating to this case)

  • In court 1999

    Date:

    1 January 2000

    Our 10th annual round-up of court and tribunal cases concerning pensions and retirement issues encompasses 38 judgments. Last year saw some important decisions, but fewer cases overall than in recent years.

  • Sex discrimination: Pension scheme did not unlawfully discriminate against transsexual

    Date:

    15 October 1999

    In Bavin v (1) NHS Trust Pensions Agency (2) Secretary of State for Health, the EAT holds that a pension scheme under which only the surviving spouse of a member is entitled to derived benefits did not unlawfully discriminate on grounds of sex against a transsexual, who was born in a female body but has undergone gender reassignment, in a long-term relationship with a female member of the scheme.

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  Bourne v (1) Roberts and (2) The Post Office [1999] ET/2901402/98 (1 report relating to this case)

  • Stereotypical views block transsexual's promotion

    Date:

    1 December 1999

    A transsexual postal worker who was not promoted because of his manager's stereotypical assumptions was unlawfully discriminated against on the grounds of sex, holds a Shrewsbury employment tribunal (Chair: J Corcoran) in Bourne v (1) Roberts and (2) The Post Office.

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  Chief Constable of the West Yorkshire Police v A and another [2002] IRLR 103 EAT (1 report relating to this case)

  • Sex discrimination: No conflict between domestic and European provisions on employing transsexuals

    Date:

    15 January 2002

    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.

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  Collins v Wilkin & Chapman [1993] IT/159292 (1 report relating to this case)

  • Transsexual comparator permitted under Article 119

    Date:

    1 September 1994

    In Collins v Wilkin & Chapman, a Nottingham industrial tribunal rules that an equal pay claim may be brought under EC law where the comparator is perceived to be of the opposite sex but is the same sex biologically. In P v S and Cornwall County Council, a Truro industrial tribunal seeks guidance from the European Court of Justice on whether the Equal Treatment Directive prohibits discrimination against a transsexual.

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  Croft v Consignia plc [2002] IRLR 851 EAT (2 reports relating to this case)

  • Transsexual loses toilet facilities claim

    Date:

    1 February 2003

    In Croft v Consignia plc (30 September 2002), the EAT holds that a pre-operative male-to-female transsexual was not discriminated against on grounds of sex when she was denied use of female communal toilet and changing facilities.

  • Transsexual discrimination: No discrimination against transsexual required to use disabled toilet

    Date:

    30 December 2002

    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.

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  Croft v Royal Mail Group plc [2003] IRLR 592 CA (2 reports relating to this case)

  • Croft v Royal Mail Group plc

    Date:

    1 January 2005

    In Croft v Royal Mail Group plc [2003] IRLR 592 CA, the Court of Appeal held that, in considering what amounts to less favourable treatment on grounds of gender reassignment, it does not follow that all such persons are entitled immediately to be treated as members of the sex to which they aspire.

  • Guidance on toilet facilities for transsexuals

    Date:

    1 September 2003

    In Croft v Royal Mail Group plc (18 July 2003), the Court of Appeal rules that a pre-operative male-to-female transsexual was not discriminated against on grounds of sex when she was temporarily denied use of female communal toilet facilities, but holds that a permanent refusal could be an act of discrimination even if the person has not undergone gender reassignment surgery.