Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Latest NewsGender reassignment discriminationCase lawConfidentiality

Primark faces £47k bill for ‘shocking’ transgender discrimination

by Ashleigh Webber 13 Feb 2018
by Ashleigh Webber 13 Feb 2018 Nick Ansell/PA Archive/PA Images
Nick Ansell/PA Archive/PA Images

An employment tribunal has told Primark to adopt a policy on how to deal with transgender staff after it found an employee was discriminated against in relation to gender reassignment. 

Retail assistant Alexandra de Souza E Souza was constructively dismissed from her position at Primark’s Oxford Street (West) store after being harassed for being transgender.

The store failed to deal with the matter appropriately, which the employment tribunal found amounted to direct gender reassignment discrimination. She was awarded £47,433.03 in compensation to cover injury to feelings and loss of pay and pension contributions.

Transgender discrimination

Six ways to be more inclusive of transgender people in the workplace

Are transgender employees protected from discrimination?

De Souza E Souza informed Primark that she was transgender when she applied for a role in August 2016.

Her birth name – Alexander – appeared on her passport, but she told the interviewer that she would like to be called Alexandra.

The interviewer said the company had to use her official name for pay, but she could use whatever name she liked on her name badge.

Before she began the role, HR staff erroneously changed the preferred first name on the company’s IT system from Alexandra to Alexander, and her title from Miss to Mr. This error was printed on her name badge and daily allocation sheets that were handed to supervisors on the shop floor.

Despite using her preferred name for a number of weeks, a supervisor began calling her Alexander and laughed when she was corrected.

Other staff also subjected her to unfair treatment on the basis of her gender identity. She alleged that staff sprayed men’s perfume over her till until she started coughing, said she had “a man’s voice”, made comments about her sexuality, and called her “evil” and “a joke”.

Complaints were made about the way other employees had treated her, including an incident when a colleague claimed there were “no ladies” in the female toilets when an electrician needed access, despite de Souza E Souza being there.

All this may well have been prevented had there been proper systems from the outset to preserve confidentiality for transgender employees. We find it shocking that the respondents could not devise a way of keeping the claimant’s legal name off the core allocation sheets and out of the knowledge of her supervisors” – Judge Lewis

She claimed her complaints were not taken seriously and she was simply told to calm down as she was “drawing attention to [herself]”.

The judge found that she was constructively dismissed by the company as the lack of action and remarks made about her transgender status led to her resignation.

She claimed she was bullied out of a job that suited her and the discrimination had made her insecure about her gender identity. She said she was unable to return to work for some time and had developed panic attacks.

Judge Lewis said: “All this may well have been prevented had there been proper systems from the outset to preserve confidentiality for transgender employees. We find it shocking that the respondents could not devise a way of keeping the claimant’s legal name off the core allocation sheets and out of the knowledge of her supervisors.

“The respondents ought to have been able to devise a system whereby only one or two people in HR and payroll were aware of the claimant’s transgender status.”

The employment tribunal recommended that by 31 March Primark should:

  • adopt a written policy on how to deal with new or existing staff who are transgender or who wish to undergo gender reassignment
  • include a reference to the existence of a policy of confidentiality in regard to transgender new starters in training materials for managers
  • amend the materials used for equality training of staff, management and HR to include, if not already there, references to transgender discrimination
  • ensure that transgender discrimination and harassment is referred to in all of its equality and harassment policies, along with any other protected characteristics under the Equality Act 2010
  • add into the training materials for management on handling grievances.

A spokesperson for the retailer, which is owned by Associated British Foods, said: “Primark is an equal opportunities employer and we do not tolerate discrimination of any kind, against any person, on any grounds. All policies relating to our people are based on fair treatment for all, to ensure the promotion and practice of equality of opportunity.

“We are extremely disappointed that on this occasion, our usual high standards in implementing these policies were not met and we sincerely apologise to the employee in question for this.

“We remain fully committed to equal opportunities and are reviewing our internal policies and training to ensure similar issues do not arise in the future.”

Ashleigh Webber
Ashleigh Webber

Ashleigh is editor at OHW+ and part of the Personnel Today editorial team. Prior to joining Personnel Today in 2018, she covered the road transport sector for Commercial Motor and Motor Transport.

previous post
MPs conduct inquiry into workplace sexual harassment
next post
Oxfam sex scandal spreads to UK charity shops

1 comment

Avatar
William 13 Feb 2018 - 4:05 pm

Whew, looks like I dodged a bullet here. Interviewed for HR manager role at the Brighton store in 2014 but pulled out as had too many concerns about the company. While I may have been able to have some impact at this store, overall the company is clearly woeful when it comes to HR – to not even reference the protected characteristics in its Equality policy is inexcusable, it shows they don’t even have the basics right.

Reply

Leave a Comment Cancel Reply

Save my name, email, and website in this browser for the next time I comment.

You may also like

Maya Forstater: What is a woman?

10 May 2022

Robin Moira White: What is a woman?

10 May 2022

EHRC single-sex spaces guidance ‘could lead employers into...

5 Apr 2022

EAT hears David Mackereth’s appeal against trans pronouns...

29 Mar 2022

Woman’s transgender views a philosophical belief, EAT rules

10 Jun 2021

Stonewall’s diversity scheme accused of being unlawful

28 May 2021

CPD: supporting transgender people in work

1 Apr 2021

CPD: Transition period – supporting employees through gender...

5 Mar 2021

LGBT+ workers experience higher levels of conflict at...

11 Feb 2021

How to keep LGBT employees safe abroad

8 Feb 2021
  • Apprenticeships are the solution to your recruitment problems PROMOTED | Apprenticeships have the pulling power...Read more
  • What it really means to be mentally fit PROMOTED | What is mental fitness...Read more
  • How music can help to ease anxiety at work PROMOTED | A lot has happened since March 2020, hasn’t it?...Read more
  • Why now is the time to plug the unhealthy gap PROMOTED | We’ve all heard the term ‘health is wealth’...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+