Employment Tribunal affirms that the Equality Act (2010) protects non-binary and gender fluid people from discrimination

In a ruling on Monday 14th September Patrice Hughes, a Birmingham employment judge, found in favour of an engineer, R Taylor, who was “subjected to insults and abusive jokes at work” and had their access to toilet facilities restricted. Under the 2010 Equality Act people are entitled to protection from discriminatory treatment in the workplace based on nine protected characteristics including sexual orientation and gender reassignment.

 

The company involved, Jaguar Land Rover, claimed that the protections did not apply in this case as “gender reassignment only applies to people who transition between the binary genders of ale and female”. However, the tribunal ruled that it is clear that “gender is a spectrum” (something that the Beaumont Society has been arguing for decades) and that it is “beyond any doubt” that the protections ensured by the 2010 Act apply to people with diverse gender identity or expression.

 

The judge ruled that Jaguar Land Rover’s argument is “totally without merit” and that the employee faced a “continuing course of harassment” because of their gender identity, and awarded damages because of the way that Ms Taylor has been treated, and because of the insensitive stance taken by Jaguar Land Rover in defending the proceedings.

 

This is a landmark case which clarifies the law for us all, and we are very grateful to all those involved in making it possible.

New Transgender Children’s Series on CBBC

The BBC has acquired a new Australian children’s TV series that tells the story of Hannah Bradford, a transgender girl navigating her first term of high school while presenting as female at school for the first time.

The programmes will be shown on CBBC each Wednesday at 5pm starting on Wednesday 19th August and all episodes will be available to watch on iPlayer from that date.

If you would like to check out the trailer, click here: https://youtu.be/IiY0II3plcw

 

Letter to Liz Truss, Minister for Women and Equalities

The Committee of the Beaumont Society was concerned about remarks attributed to Liz Truss, Minister for Women and Equalities, about ‘single-sex safe spaces’, so we wrote to the Minister and sent copies to the relevant spokespeople from the opposition parties.  Here is the text of the letter:

Dear Minister

Gender Recognition Act consultation and Single-Sex Spaces

The Beaumont Society is a registered charity that has been at the forefront of support for the UK transgender community for more than fifty years. During that time, we have helped and supported many thousands of trans people through membership or through help offered on a one-to-one basis via our information line.

We are concerned about several aspects of your recent announcement about single-sex safe spaces. We condemn any kind of intimidation aimed at women, including violence, voyeurism, and the grotesque practice of so-called “up-skirting”. We understand the anger felt by all women at the unacceptable practices of a minority of men. We feel that anger too. But these actions, including voyeurism are already illegal, with laws in place that the police and CPS can use to prosecute anyone who indulges in such practices.

The proposed changes on “single-sex spaces” seem rushed and ill thought out, with too little consideration given to the practical consequences of your new proposals.

As the Minister for Equalities, we would appreciate your answers to the following concerns that we have.

Changing and Fitting Rooms

  1. A) What data from police forces across the country concerning incidences of voyeurism in changing rooms and toilets have been used as the basis for this new proposal?
    B) Do the data suggest that there is a significant problem?
    C) Has the Crown Prosecution Service indicated that new legislation is required in order to bring such voyeurs to justice?
  2. A) What data exist on incidents of voyeurism in fitting rooms in clothes shops?
    B) How many incidents have been brought to your attention?
    C) Have you sought such data?
  3. A) What data exist from clothing shops that operate a gender-neutral fitting room area on incidents of voyeurism?
    B) Does a problem exist in shops that have mixed-gender or gender-neutral fitting rooms?
    C) Such shops may have a lot of advice to offer. Have you sought their input?
  4. A) What advice do you plan to give to shops and sports/leisure centres to help them enforce this new legislation?
    B) Will there be requests for some kind of proof of birth-gender or other evidence on entry to rooms to try on clothes in shops or get changed at sports/leisure centres?
    C) Have you considered the practical difficulties in enforcement?
  5. If your proposals go ahead, then presumably trans women will be required to use men’s changing and fitting rooms. Voyeurism is much more likely in this scenario than in the current situation. After all, the appearance of a woman with an armful of dresses to try on will cause quite a stir among the other users of a men’s fitting room in a shop. Similarly in sports/leisure facilities.
    A) What guidance on protection for trans women will you include?
    B) Are you concerned about protecting trans people from possible voyeurism or assault?
    C) If you plan to offer no such guidance, does that mean that you consider trans people somehow worthy of less protection than their cis gender counterparts?
  6. Under any new proposals, we assume that trans men (assigned female at birth) would need to use women’s changing/fitting rooms. This is likely to cause consternation when bearded trans men wearing lumberjack shirts and work-boots enter in order to try on their new shirts and trousers or to get changed for swimming and other sporting activities. Are you prepared for the inevitable onslaught of dismay and anger when women find this happening?
  7. A) How will the new proposals prevent the voyeurism that they are meant to stop if a masculine-dressed individual appears at the women’s changing rooms and demands entry claiming that he is trans, was born female and must use women’s changing/fitting rooms under the new guidelines?
    B) Doesn’t this make voyeurism of the type you seem worried about more likely (and a lot easier) than at present?
  8. A) Or do you plan to make the new guidelines one-way only, applying to trans women but not trans men, such that all trans people must use men’s changing/fitting rooms?
    B) As Secretary of State for Equalities, what consequences would you envisage if this extremely unequal option were to be chosen?

Women’s Refuges and Crisis Centres

  1. We understand the safety concerns of refuge managers but would like to point out that trans women are as likely to become victims of domestic violence and assault as cis gender women.
  2. What provisions would you envisage being put in place if trans women were to be refused entry to such centres?
  3. If you support moves to exclude trans women from such centres but do not propose and support alternatives, how would this equate with your role of Minister for Equalities? Do you recognise that none of us are equal until all of us are equal?

Single Sex Wards in Hospitals

  1. From the experiences of some of our members, we are aware of the extreme distress experienced by some trans people in hospital when they are placed in a ward designated for the sex they were assigned at birth. Some have reported taunting and bullying by other ward patients, causing suicidal thoughts, along with unfeeling attitudes from a minority of staff. How do you propose ensuring that this kind of demeaning treatment doesn’t happen if you plan to return to a strict birth-sex based ward system?

Self-Identifying as Trans

  1. In the consultation document prepared and presented to Parliament in July 2018 by your predecessor The Rt Hon Penny Mordaunt MP, it was estimated that up to 500,000 people identify as trans (other estimates would support a higher figure) and yet fewer than 5000 had successfully acquired a Gender Recognition Certificate. Our experiences in running an anonymous helpline, and meeting trans people of all types and backgrounds, would tend to support this level, just under 1% of the UK population. Many have struggled with internal turmoil for many years before contacting us. Many then live a dual life, in which they compromise their own wishes in order to keep partners and family together. This is why so few seek medical appointments, hormone treatment, surgery and the route provided by obtaining a GRC; and yet (before the Covid-19 lockdown) all the Gender Identity Clinics have waiting lists of about three years for a first appointment! That so few have acquired a GRC is because the process is too bureaucratic, too expensive and too intrusive, and also because most find self-identifying has worked for them, after a fashion, allowing them to maintain their relationships and family ties by living a compromise life.

If measures are taken to severely curtail self-identification as trans by introducing “hostile” policies, are you prepared for the likely increase in people approaching GPs and gender clinics in order to obtain a formal diagnosis and GRC? It is likely to be far more than the 15% – 20% annual increase seen in recent years. Will the government provide the resources to expand the system to cope?
B. One consequence of a “crackdown” on self-identifying will be an increased rate of separation, divorce and family breakups, as trans people are forced to seek official recognition and transition fulltime. Have you planned for this?
B. Much of the friction over this issue is due to confusion about the terms sex and gender. Trans people are extremely aware that their gender pressures are experienced in the brain, largely in the subconscious, creating tension and distress. Do you fully understand those experiences? Have you taken on board the increased level of fear and anxiety that has been added to the daily lives of several hundred thousand people by your recent announcements and those of Baroness Nicholson? What exactly are you trying to achieve and why?

Adolescents and Young Adults

12. The Beaumont Society has a recently formed Parents’ Group. We are very aware that young trans people need to be able to access advice and support from suitably qualified and experienced professionals and, if deemed appropriate on a case-by-case basis, access to puberty-blocking medication. Currently, under 18s have no access to surgery, despite the misinformation circulating about this. The misunderstanding about hormone blockers seems to be focussed on an irreversible outcome but in reality the treatment can be stopped allowing normal puberty to proceed. Decision makers must take into account the high rate of self-harm among teenagers forced to wait years for treatment. The impact of refusing hormone blockers at a crucial time would lead to far more worrying decisions and potentially put lives in danger.

 

  1. Have you sought data on the rates of self-harm and suicide among adolescents and young adults forced to wait for lengthy periods before gaining a clinic appointment?
  2. What conversations have you had with trans healthcare specialist and child rights experts before making the decision to restrict access to puberty blocking treatment?
  3. We are particularly worried about young trans adults in their late teens and early twenties. There is little significant support for them. We believe that suicides and incidences of self-harm during the long wait for a first appointment are not logged as trans-related because the individuals involved have not yet been officially identified as trans. Could you confirm this, please? If this is the case, could you help to set in motion the necessary changes so that these incidents are correctly logged?

 

We would be very grateful if you could address these very real concerns about possible changes to legislation and look forward to your reply in due course.

 

Yours sincerely,

(Signed) Dr Jane Hamlin

President

A Beaumont Society Response to Statement by Liz Truss

On the 22nd April Liz Truss, Minister for Women and Equalities, stated at a meeting of the House of Commons Women and Equalities Select Committee:

“The final point I’d like to make, Madam Chairman, in this initial part, is on the issue of the Gender Recognition Act. We’ve been doing a lot of work internally, making sure we’re in a position to respond to that consultation and launch what we propose to do on the future of the Gender Recognition Act. We will be in a position to do that by the summer, and there are three very important principles that I will be putting place.

First of all, the protection of single-sex spaces, which is extremely important.

Secondly making sure that transgender adults are free to live their lives as they wish without fear of persecution, whilst maintaining the proper checks and balances in the system.

Finally, which is not a direct issue concerning the Gender Recognition Act, but is relevant, making sure that the under 18s are protected from decisions that they could make, that are irreversible in the future. I believe strongly that adults should have the freedom to lead their lives as they see fit, but I think it’s very important that while people are still developing their decision-making capabilities that we protect them from making those irreversible decisions.”

The Beaumont Society would like clarification on the Minister’s statement:

  1. What exactly does the Minister mean when she refers to “single sex” spaces? Is there a widely accepted understanding as to the spaces to which she is referring? We would be happy if these “single-sex” spaces were to include trans people in their acquired gender. E.g. trans-women in women-only wards in hospitals; trans women who have suffered domestic violence being accepted in Women’s Refuges; trans women who have been raped being accepted into Women’s Rape Crisis Centres. The Minister states that continued protection is extremely important, but fails to clarify exactly what she means by this.
  2. What are the “proper checks and balances” she refers to? Could she be more specific so that we can be reassured that the hard-won rights of trans people will continue to be upheld, and can she reassure us that the prejudices of some vociferous minorities will be resisted?
  3. Young trans people need to be able to access advice and support from suitably qualified and experienced professionals and, if deemed appropriate on a case-by-case basis, access to puberty-blocking medication. Decision makers must take into account the high rate of self-harm among teenagers forced to wait years for treatment.

Coronavirus Briefing for LGBT+ people

The LGBT Foundation has issued their Essential Briefing on the Impact of Covid-19 on LGBT Communities in the UK

You can download it here: https://s3-eu-west-1.amazonaws.com/lgbt-media/Files/237f78f1-e06c-46d7-ae08-1c9d5f9ca0bc/The%2520Essential%2520Briefing%2520on%2520the%2520Impact%2520of%2520COVID-19%2520on%2520LGBT%2520Communities%2520in%2520the%2520UK%2520%2520-%25208%2520April%25202020.pdf

NHS Guidance on Delivering Same-Sex Accommodation

The National Health Service has published new guidance on how providers of NHS-funded care are expected to prioritise the safety, privacy and dignity of all patients whilst conforming to the regulations relating to same-sex accommodation. The general key points are that:

  • Trans people should be accommodated according to their presentation: the way they dress, and the name and pronouns they currently use.
  • This may not always accord with the physical sex appearance of the chest or genitalia.
  • It does not depend on their having a gender recognition certificate (GRC) or legal name change.
  • It applies to toilet and bathing facilities (except, for instance, that pre-operative trans people should not share open shower facilities).
  • Views of family members may not accord with the trans person’s wishes, in which case, the trans person’s view takes priority.

This has clearly been thought through very carefully and is sensible and encouraging. It does NOT “drive a wrecking ball through hard-fought-for rules and rights” as claimed by Conservative MP for Monmouth, David Davies, in the Daily Telegraph on 2nd October.

The guidance recognises that the Equality Act (2010) protects trans people from discrimination and it confirms that the best person to consult over a patient’s gender identity is the patient themself. The importance of preserving privacy and dignity for patients is underlined and reiterates the tenet that ‘good practice requires that clinical responses be patient-centred.’ Unfortunately, because of the binary nature of the provision it is difficult to meet adequately the needs of non-binary patients, but at least they have identified appropriate recommendations on how staff members should address this.
Just as in any other situation, if a patient behaves in a way that is inappropriate and puts other patients at risk, then special arrangements may need to be made.
To read the full guidance click on the link:

My Dad Marie

My Dad Marie is a short film that tells the story of how Charlie and Marie navigate their Child/ Parent relationship in the early stages of Marie’s transition. Marie is struggling to hold on to those she loves most. It is a story that will strike a chord with many of us.  Filming has begun, but they need a little help for post-production costs. Find out more about it here: https://igg.me/at/MyDadMarie

Vatican document on gender

The Congregation for Catholic Education has published a document titled: Male and Female He Created Them: Towards a path of dialogue on the question of gender theory in education. It is intended to be an instrument to “help guide Catholic contributions to the ongoing debate about human sexuality, and to address the challenges that emerge from gender ideology.” Unfortunately, it seems to have been written by people who know nothing about trans people other than that which they have read in the transphobic tabloid press.

The key claims made in this document are:

that the debate about gender identity aims to “annihilate the concept of nature” and creating an educational crisis and destabilising the family as an institution. However, far from seeking to annihilate the concept of nature I believe that we are expressing and living the reality of gender diversity which exists in nature.

the debate around gender is designed to challenge traditional understandings of family life. “This oscillation between male and female becomes, at the end of the day, only a provocative display against so-called traditional frameworks and one which ignores the suffering of those who have live situations of sexual indeterminacy. I suspect that I would challenge the writers of the document’s traditional understanding of family life. It is up to each family to develop its own notion of family life – which I hope would be based on love and mutual respect, not on any concept imposed by others. Why should any of us be bound to present ourselves in any particular way? I don’t know if those of us who enjoy the ambiguity and freedom to present as male on some occasions, female at others or androgynously would describe themselves as ‘oscillating’. What does it matter to anyone else if they do? The Beaumont Society exists to support those who are suffering because of their sexual or gender ‘indeterminacy’. This is a suffering caused by those who espouse the views within this Vatican document.

those who promote discussion of gender identity are being unquestioning and absolutist. “While the ideologies of gender claim to respond, as Pope Francis has indicated, to what are at times understandable aspirations, they also seek to assert themselves as absolute and unquestionable, even dictating how children should be raised.” I really do not understand where the Vatican gets this idea. At the Beaumont Society we recognise that there are many ways to be trans. We are keen to explore and celebrate the diversity of gender identity. We would certainly not ‘dictate’ how children should be raised – other than with love, respect and encouragement.

post-modern ideology means that human identity “has become the choice of the individual, one which can also change over time”. “This has led to calls for public recognition of the right to choose one’s gender.” Rejecting the notion that gender is a matter of choice, it says “The view of both sexual identity and the family become subject to the same liquidity and fluidity that characterise other aspects of post-modern culture, often founded on nothing more than a confused concept of freedom in the realm of feelings and wants.” I was interviewed by Martin Bashir for Radio 4’s 6 o’clock News on 10th June on this issue and my reply was, “No-one I know chooses to be trans. Why would they. It must be so much easier to be cisgender. The only choice that trans people have is whether to hide it from other people and endure the torments alone, or to talk about it and risk rejection by family and friends.”

gender is not decided upon by individuals but imputed by God. “The Holy Scripture reveals the wisdom of the Creator’s design, which has assigned as a task to man his body, his masculinity and femininity.” “The family is the natural place for the relationship of reciprocity and communion and defines the family as between man and woman.” Actually, I would suggest that if there is a Creator, their design is far more sophisticated than that recognised by the early prophets. We know that there is a great diversity of gender identities and sexualities. Quite clearly that there are many different ways that loving families can be presented.

the church has long tolerated discriminatory conduct. “Indeed it cannot be denied that through the centuries forms of unjust discrimination have been a sad fact of history and have also had an influence within the church.” I cannot argue with this statement. Unfortunately, the writers do not seem to realise that they are continuing in this tradition by advocating that their followers should perpetuate this discrimination in the case of trans people.

Should trans people and trans people’s lives be represented positively in university course materials?

The answer is, of course, “Yes”. Sadly, however, according to an article in the Daily Telegraph on Saturday 8th June some academics feel that this would impede free speech and “create a chilling effect on campus.” Kathleen Stock is a professor at Sussex University who has stated that such a policy is “repressive”. Professor Stock was a vocal opponent to the Government’s proposals to reform the Gender Recognition Act and presumably believes that it is perfectly in order to represent trans people negatively even when highlighting the inappropriate behaviour of just one individual who happens to be trans.

I was asked to comment and my reply was quoted:

‘Dr Jane Hamlin, president of The Beaumont Society, a transgender support group, said she did not believe such policies “harm debate or discussion”.

She said: “Even if one is being critical it shouldn’t be about the person being transgender – clearly it depends more on the actions of the individual or the comments they have made.

“Clearly if something is inappropriate that is reasonable to criticise the comment or the action, not the fact that it’s made by a trans person.”’

To read the article click here: https://www.telegraph.co.uk/news/2019/06/07/universitys-policy-sparks-backlash-saying-transgender-people/

Making immigration records straightforward for trans people

The team responsible for ensuring that government digital services are built and designed to be as user-friendly as possible is inviting members of the public to test these services and provide feedback on their experiences. These services include immigration applications and passport renewals amongst others.

They are currently working on the online process involved in an individual changing their gender identity on their immigration record online. The Beaumont Society has been asked if we could assist in the recruitment drive for those who might be interested in participating and helping to improve the service.

They are seeking 10 – 20 people who:

  • Have been through, or are planning to go through, gender transition.
  • May need to change their gender identity details on formal and legal documents.
  • Are non-UK EU citizens
  • Are over 18 years of age.

They say their priority with the project is to ensure that these online processes work as efficiently and seamlessly as possible for the transgender and non-binary community in our country. The researchers are relatively flexible in travelling domestically or doing remote research, but their main offices are located in London, Corydon, Sheffield and Manchester. They are aiming to begin inviting in participants for research in mid-June. All participant information is treated with strict confidentiality and in line with GDPR. Participating in this research has no influence on a participant’s legal status.

If you would like further information contact Astrid Crowley, Research Operations Officer, Digital Data and Technology, Home Office

astrid.crowley@digital.homeoffice.gov.uk