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
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • 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
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • 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+

Sexual harassmentGender reassignment discriminationLegal Q&AEquality, diversity and inclusionHR strategy

Weekly dilemma: transsexual’s rights

by Personnel Today 10 Jun 2008
by Personnel Today 10 Jun 2008

I manage a women-only driving school. I recently discovered one of my new instructors is a transsexual and was formerly a man. This doesn’t bother me, but some clients might mind. Legally, where do I stand and what are the implications?

 Putting aside the question of whether it’s lawful to only employ women, you need to be careful. If the transsexual instructor is subjected to harassment by colleagues, your business runs the risk of being liable for that discrimination. Individuals who are undergoing or have undergone gender reassignment are protected under regulations introduced in 1999, subsequently inserted into the Sex Discrimination Act. You as the employer can be liable for discrimination occurring during employment unless you took all reasonable steps to prevent it occurring.

The position regarding possible discrimination by clients is similar, due to recent changes in the law – although you’ll only become liable if you know of harassment that’s taken place on at least two previous occasions.

You should also prepare for possible complaints from female clients – either on religious or ethical grounds, or because they argue your employee isn’t a woman and the basic service offering of your school isn’t women only.Any religious arguments will be legally weak so I advise you simply to understand what you’d say and do if challenged by clients on such grounds.

Whether there is any factual and legal basis for such an assertion depends on whether your transsexual instructor is male or female. The previous approach of courts undertaking an invasive assessment of gender based on medical or surgical status has been overtaken by the introduction of gender recognition certification. This enables applicants to obtain a certificate legally establishing their acquired gender for all purposes.

This is complex and delicate issue. It would, therefore, be wise to seek the employee’s views in case any problems arise, so you’re acting at all times with her knowledge and consent.

Ashley Norman, employment partner, Pinsent Masons

Avatar
Personnel Today

previous post
Final salary pension scheme trustees border on complacency
next post
Employers shy away from workplace mediation

You may also like

Attracting diverse young talent to the ‘secret’ world...

28 Jun 2022

Gender pay gap ‘won’t close until 2151’

27 Jun 2022

Don’t be gloomy over social mobility in the...

24 Jun 2022

Bias stopping STEM professionals returning after career break

23 Jun 2022

Black, Asian and LGBTQ+ workers ‘overlooked’ at work

20 Jun 2022

Directors’ code of conduct needed to uphold standards,...

20 Jun 2022

UK in urgent need of female tradespeople finds...

17 Jun 2022

CIPD Festival of Work: ‘Businesses will fail if...

16 Jun 2022

Construction blighted by skills shortage as sector steps...

16 Jun 2022

CIPD Festival of Work: ‘Use crises as catalysts...

15 Jun 2022
  • NSPCC revamps its learning strategy with child wellbeing at its heart PROMOTED | The NSPCC’s mission is to prevent abuse and neglect...Read more
  • Diversity versus inclusion: Why the difference matters PROMOTED | It’s possible for an environment to be diverse, but not inclusive...Read more
  • Five steps for organisations across the globe to become more skills-driven PROMOTED | The shift in the world of work has been felt across the globe...Read more
  • The future of workforce development PROMOTED | Northumbria University and partners share insight...Read more
  • Strathclyde Business School expands its Degree Apprenticeship offer in England PROMOTED | The University of Strathclyde is expanding its programmes...Read more
  • The Search for Talent: Six Major Employer Pitfalls PROMOTED | The Great Resignation continues unabated...Read more
  • Navigating the widening “Skills Confidence Gap” in 2022, and beyond PROMOTED | Cornerstone OnDemand conducted a global study...Read more
  • Apprenticeships are the solution to your recruitment problems PROMOTED | Apprenticeships have the pulling power...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
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • 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+