Source: All England Reporter
Publisher Citation: [2002] All ER (D) 179 (Sep)
Court: Employment Appeal Tribunal

Lindsay J, Ms G Mills and Mr R Straker

Judgment Dates: 30 September 2002


Employment - Discrimination - Act of discrimination - Transsexual employee - Employee male at birth but experiencing gender dysphoria - Employee wishing to be treated as female whilst still pre-operative transsexual - Employer refusing to allow employee to use female lavatory facilities - Employee victim of offensive behaviour by other employees - Whether employer's refusal to allow use of female lavatories discriminatory - Whether employer taking reasonable steps to ensure employee not victim of offensive behaviour - ss 2A, 41(3).

The Case

In the light of reg20 of the Workplace (Health, Safety and Welfare) Regulations1992, an employer was to be expected to require those employees who were, or who were believed by him to be, at law males to use only the mens' lavatory facilities and those who were at law, or who were believed by him, to be females to use only the women's lavatory facilities at the place of work. Accordingly, in the instant case, the employer had not acted unlawfully against a pre-operative transsexual employee who had been, at birth, male since it had become impossible for him to treat the employee as were all his other employees.

Practice Areas

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