THEGAYUK

Tag: Legal Advice On Discrimination

The LGBT+ community is protected by several UK laws to ensure that gay, lesbian, bisexual and trans people are not discriminated against and are afforded full protections. You should never find yourself discriminated against in the UK and if you do, please send us an email with the details.

  • 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.

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  • LEGAL CLINIC: Renters What Are Your Rights

    It is a fact of modern life – a vast majority of us rent our accommodation. This is the first in a series of articles dealing with your rights as a renter. This week we deal with retaliatory evictions.

    One of the worst aspects of renting is the lack of stability – private landlords can evict you for no reason. All they have to do is give you two months’ notice (although there are strict rules as to the date on which the notice should expire).

    Most people would agree that a landlord should be able to evict a tenant when there is unpaid rent, or where the tenant is trashing the property. However, some landlords will evict you on unreasonable grounds. They may try to evict you because you have complained about the property being in a poor state of disrepair. Or they may decide to do so because you are LGBT.

    Complaining about the property

    Some landlords may decide to evict a tenant if he or she complains about the state of the rented property. Here we are putting ups with dodgy boilers, out of date gas certificates and missing smoke alarms (which are now required by law in rented properties) because we are afraid we may be evicted if we complain. It also means that landlords evict tenants and get new ones in, rather than solving serious faults with the property.

    All that changed on 1st October 2015. Now, a landlord’s ability to evict you for making a complaint about a “hazard” at your rented property is restricted. In order to obtain this protection, you need to involve your local council. The first method is easy – complain to your local council, and if they tell the landlord to rectify the situation then the landlord cannot serve you with an eviction notice (called a section 21 notice) until six months later. That gives you the right to stay for at least eight months (the six month period plus the legally required two month notice period) in the property, from the day that the council complains to your landlord.

    However, you may think it makes more sense just to write to the landlord to complain. If you do this and the landlord attempts to evict you as a result, you will need to inform the local council who should, if they agree that the property is in need of repair, tell the landlord to rectify the issue. This then gives you protection against retaliatory eviction.

     

    LGBT tenants

    It is disappointing for LGBT renters that there is no framework to prevent retaliatory eviction as a result of a landlord discovering that his renters are LGBT. It is illegal for a landlord to discriminate against someone for being LGBT when initially renting out property (unless it is a lodger in the landlord’s home), but this does not, it seems, apply once an LGBT tenant has moved in.

    However, most landlords are far more concerned with getting regular rent payments than with gender identity, sexual orientation or ethnicity, so once you are in situ this is unlikely to be an issue. A landlord can still evict you if you fall into rent arrears and cannot repay them before he gets to court. But if you stay up to date with rent and comply with your tenancy agreement, the landlord will probably ignore any personal gripes he may have about your actual or perceived sexual orientation or gender identity, and leave you to enjoy your home in peace.

     

    David Peachey is a barrister at Enterprise Chambers. Charles Irvine is a barrister at 1 Gray’s Inn Square Chambers. They both undertake cases in property, probate and co-ownership. This article is for general information only and you should contact a property specialist if you require advice about your individual circumstances.

     

  • ANSWERS: Does the law protect gender queer individuals, or those who adopt a different gender temporarily (e.g. transvestites) at work?

    What about gender queer individuals, or those who adopt a different gender temporarily (e.g. transvestites)?

    (more…)

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

    I have heard my employer can dismiss me for being transgender – is this true? (more…)

  • ANSWERS: A Work Colleague Is Making Me Uncomfortable Through My Transition, What Can I Do?

    My colleagues have been largely supportive, but there is one who is making me really uncomfortable by joking about my physical appearance and changes. What do I do?

    Firstly, be aware that you do not have to tolerate any behaviour or comments about your gender or transition that you find humiliating, hostile, degrading or offensive. This is known as harassment under the Equality Act 2010.

    However, there can be a number of ways to handle the matter depending on the individuals concerned. You could lodge a formal grievance and ask your employer to investigate and take action, or if you prefer, explain to the individual that you want the comments to stop. Either way, keep a diary of any incidents and keep your manager informed so they can monitor the situation.

    By Zee Hussain, partner and Head of the Employment Department at Colemans-ctts