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A step in the right direction for gender fluidity in landmark discrimination case

18 September 2020 #Employment


Non-binary engineer, Rose Taylor had been subjected to bullying and harassment at the hands of work colleagues and faced a lack of support from management at Jaguar Land Rover. The poor treatment had started in 2017 when Taylor first identified as gender fluid/nonbinary and started changing the way she presented herself, including wearing women’s clothing. Taylor brought claims in the Employment Tribunal for harassment, direct discrimination and victimisation on the grounds of gender re-assignment. Gender re-assignment is one of the nine protected characteristics set out in the Equality Act 2010. However, it was uncertain, up until this point, whether the gender re-assignment definition would cover individuals who identified as non-binary or gender fluid.

The tribunal held however that it was “beyond any doubt” that Taylor should be protected under the gender re-assignment characteristic. Taylor’s claims for harassment, direct discrimination and victimisation were all successful on this basis. In reaching a decision, the Tribunal judge commented that it was clear that “gender is a spectrum” and that gender reassignment “concerns a personal journey and moving a gender identity away from birth sex”.

The importance of this judgement is that it increases the chances of other individuals with complex gender identities falling within the definition of (and therefore under the protection of ) the gender re-assignment definition in the Equality Act 2010. 

At Clarkslegal we have extensive experience of discrimination cases and would be happy to discuss any queries you may have.

Clarkslegal, specialist Employment lawyers in London, Reading and throughout the Thames Valley.
For further information about this or any other Employment matter please contact Clarkslegal's employment team by email at employmentunit@clarkslegal.com by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.
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Amanda Glover

Amanda Glover
Senior Solicitor

E: aglover@clarkslegal.com
T: 0118 960 4647
M: 0787 674 0984

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