2 Comments
User's avatar
⭠ Return to thread
Michael Foran's avatar

Yes it applies to anyone who has undergone processes or part of processes, including detransitioners. It means you can’t be treated less favourably compared to someone of your sex on the basis that you’ve gone through that. So if you excluded a detransitioner or a trans man who falls under the characteristic from a women only service that could be gender reassignment discrimination. What makes it complicated is if the Scottish government win, getting a GRC will change your sex so a trans woman with a GRC could being a gender reassignment discrimination case and the comparator would be whether you treated a non-trans woman more favourably.

Expand full comment
Anuja's avatar

Thank you. Didn’t that Sheffield NHS first instance case already use the wrong comparator? The whole thing is so torturous and employers are being left to muddle through

Expand full comment