According to an article by GQ Littler - a leading specialist employment law firm and the largest global employment and labour law practice devoted exclusively to representing management - nine employment disputes relating to alleged discrimination against transgender employees reached decision stage at the employment tribunals in 2021-22, nearly double that of the previous year.

The Equality Act 2010 protects people against discrimination, harassment or victimisation in employment based on nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. 

Cases of alleged discrimination against transgender employees included:

Colleagues deliberately using the wrong pronouns about or to transgender colleagues, harassment for using changing rooms and rest rooms aligned with their gender and having other employees making transphobic comments on social media.

Caroline Baker, Partner at GQ Littler and author of the article said:

“The rise in disputes, albeit from a small base, suggests more could be done to ensure that transgender individuals feel safe and supported in the workplace.”

“Actions that employers are looking at implementing to create an inclusive workplace include encouraging employees to state their chosen pronouns, installing some unisex bathrooms in the office or introducing gender neutral uniforms. Employers could also review their application forms to ensure that employees are able to correctly express their chosen gender identity.”

“Training can help prevent discrimination based on a lack of understanding of gender identity.”a