THEGAYUK

Author: Quality Solicitors

  • LEGAL CLINIC | My college says I need to use the toilet of my birth gender

    This week a trans reader asks about her right to use the toilet of her choice rather than the one that corresponds with the gender on her birth certificate. Louise Neville, Associate Solicitor at QualitySolicitors Acklam Bond looks at the legal situation.

    Do i need to use the male toilet if I'm a trans woman?

     

    Dear TGUK,

    I’ve recently started at a new college in the UK – and the bathroom policy is that students must use the toilet that corresponds with their genitalia. I’m a trans woman. I’ve not told friends other students at my college about my transition, but I do get awkward looks when I use the female bathroom.

    What rights do I have when it comes to using the bathroom that fits my gender identity? Do I have to disclose that my genitalia doesn’t correspond with the toilet I wish to use?

    Yours, Faye

     

    Dear Faye,
     
    In the UK there is no legislation that states men must use male toilets and women the ladies toilets. However, providers of separate-sex services such as bathrooms and changing rooms do have the right to decide on what facilities transsexual people can use.
     
    The government do emphasise to providers of separate-sex services that it’s very important to take the views of the transsexual person into account when making a decision on what facilities transsexual people can use – they also say that the decision must be ‘objectively justified’, which means it must be a fair and reasonable way of achieving a legitimate aim.
     
    This case also relates to the Equality Act 2010, which protects people from being discriminated against because they are transsexual. In the Act it is called gender reassignment discrimination.
     
    There are four types of gender reassignment discrimination: Direct, indirect, harassment and victimisation. The relevant type for your case would be indirect discrimination, which occurs when an organisation has a particular policy that puts transsexual people at a disadvantage.
     
    To be protected from gender reassignment discrimination you do not need to have undergone any specific treatment to change to your preferred gender. So you can be at any stage in the transition process, ranging from proposing to reassign your gender all the way to having completed it. This could be where a problem arises for your particular situation. As you haven’t disclosed to your college that you are a trans woman you may not be protected from indirect discrimination.
     
    With all the above in mind, I would suggest speaking to a relevant person at your college that you would feel comfortable talking to, for example a lecturer. They may be able to help raise your concerns with the college administration who hopefully would look into either changing the policy or simply give you peace of mind that you can use the toilet which corresponds with your gender identity.
     
    “If you find speaking with the college does not provide you with any assistance then you may want to consider making a formal complaint to the college regarding your treatment. Ultimately, if you feel that the problem persists and you consider yourself to discriminated against then you have the option of pursuing a claim through the county court on the grounds of discrimination. Please note that any claim must be issued at the court within six months less one day of the incident taking place. Hopefully however this will not be necessary.”

     

    by Louise Neville, Associate Solicitor at QualitySolicitors Acklam Bond

    ALSO READ: I have heard my employer can dismiss me for being transgender – is this true?

    ALSO READ: Do I have to disclose that I am transgender?

     

    This response is not intended to constitute legal or other professional advice, and should not be relied on or treated as a substitute for specific advice relevant to particular circumstances. Individuals should always seek legal advice from a professional which is specific to their unique set of circumstances.

    Have you got a legal query you’d like to ask our experts? Get your free advice here. Submit your question here

  • LEGAL ADVICE | My ex-employer is telling old co-workers that I have HIV

    A concerned reader asks what his rights are since learning that his ex-employers are telling co-workers about his HIV status. Sarah Nolan, Head of Commercial & Employment Law at QualitySolicitors Jackson Canter answers.

    people at work
    CREDIT: ©-monkeybusiness-Depositphotos

     

    Dear Legal Team,

    I had to leave my job after I disclosed that I am HIV+. When I was first diagnosed I had to take extended time off from work to go to the doctors, because I was at first very ill.

    My line manager asked me why I was taking so much time off and I revealed my status. All was okay, but after two months – I was starting to get uncomfortable with comments that were being made by my line manager and the boss – who she disclosed my health info to.

     The “banter” turned quite nasty and it was ruining my life – and making my health worse. I decided to resign and we resolved the issues through ACAS – as a consequence I signed sort of gag order – which forbids me from talking to anyone about this… but now, after a few years – I had a text out of the blue from an ex-colleague who said that he knew I was HIV positive – the only people who knew my status were my line manager and the area boss.

     I did not disclose my status to anyone else and it looks as though my former employers have leaked my details. I’m wondering what I can do to make sure my health remains personal – and whether I should reopen my case with ACAS. I’ve tried emailing the company to discuss the text – and haven’t heard anything back from them – after two months.

     Best wishes

    (name withheld)

     

     

    Hi,

    Your question seems to involve the Data Protection Act 1988.

    The Data Protection Act 1998 is concerned with respecting the rights of individuals when processing their personal information. The act is mandatory and all organisations that hold or process personal data must comply its provisions.

    The Data Protection Act contains 8 principles:

    • personal data should be processed fairly and lawfully
    • data should be obtained only for one or more specified and lawful purposes
    • the data should be adequate, relevant and not excessive
    • it should be accurate and where necessary kept up to date
    • any data should not be kept for longer than necessary
    • personal data should be processed in accordance with the individuals’ rights under the act
    • data should be kept secure
    • personal data should not be transferred outside the European Economic Areas unless the country offers adequate data protection.

    All employers have responsibilities under the Act to ensure that their activities comply with the Data Protection Act. Employers are responsible for the type of personal data they collect and how they use it and they should not disclose personal data outside the organisation’s procedures, or use personal data held on others for their own purposes. ACAS provide some helpful guidance about this on their website (acas.org.uk).

    Employees have a legal right to access information that an employer may hold on them. This would include any personal information relating to your health. There is a 40 day time frame stipulated for dealing with any such requests.

    If you feel your old organisation has misused information or hasn’t kept it secure then contact the Information Commissioner’s Office (ico.org.uk).

    If you believe that the terms of the settlement reached with your former employer via ACAS have been breached then you should seek specialist legal advice in this regard or try to re-contact ACAS without delay.

     

    ALSO READ: I have heard my employer can dismiss me for being transgender – is this true?

    ALSO READ: Can a Landlord chuck me out if I’m LGBT?

     

    Have you got a legal query you’d like to ask our experts? Get your free advice here. Submit your question here

    Written by Sarah Nolan – Head of Commercial & Employment Law at QualitySolicitors Jackson Canter

    This response is not intended to constitute legal or other professional advice, and should not be relied on or treated as a substitute for specific advice relevant to particular circumstances. Individuals should always seek legal advice from a professional which is specific to their unique set of circumstances.