In Ashton v Chief Constable of West Mercia Constabulary  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.
In KB v National Health Service Pensions Agency and Secretary of State for Health the Court of Appeal has referred to the European Court of Justice a question as to whether the NHS pension scheme is contravening EU law by excluding a female nurse's female-to-male transsexual partner from the right to a survivor's pension because they are not legally married, although they went through a form of marriage ceremony.
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.
In Fortnum v Suffolk County Council a Bury St Edmunds employment tribunal (Chair: C R Ash) rejects a genuine occupational qualification defence, and holds that a male to female transsexual who was prevented from caring for a client because the client's mother did not want male staff to care for her daughter, was discriminated against
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.
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.
A Leeds employment tribunal (Chair: D R Sneath) in S v The Chief Constable, West Yorkshire Police rules that it has power to restrict reporting of proceedings involving a transsexual alleging sex discrimination in order to preserve her anonymity, even though the case did not involve allegations of the commission of a sexual offence or involve sexual misconduct.
In Mills and Crown Prosecution Service v Marshall, the EAT holds that it was just and equitable to extend the time for presenting a transsexual's complaint of unlawful sex discrimination where the complainant was reasonably unaware of the extent of her applicable rights until after the European Court of Justice's ruling in P v S and Cornwall County Council.
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.
In Chessington World of Adventures Ltd v Reed (27 June 1997), the EAT holds that the Sex Discrimination Act 1975 can be construed so as to cover unfavourable treatment on grounds of an intention to undergo gender reassignment.
HR and legal information and guidance relating to gender reassignment discrimination.