{"id":1900,"date":"2021-02-17T16:58:42","date_gmt":"2021-02-17T16:58:42","guid":{"rendered":"https:\/\/thewitnessexet.wpengine.com\/?p=1900"},"modified":"2021-02-23T19:12:09","modified_gmt":"2021-02-23T19:12:09","slug":"a-triumph-for-gender-fluidity-expanding-the-scope-of-those-protected-under-the-equality-act-2010","status":"publish","type":"post","link":"https:\/\/thewitnessexeter.co.uk\/?p=1900","title":{"rendered":"A triumph for gender fluidity? Expanding the scope of those protected under the Equality Act 2010"},"content":{"rendered":"
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\n \t<\/i> Read Time:<\/span>3 Minute, 15 Second <\/div>\n\n <\/div>\n

The Equality Act 2010<\/a> provides a legal framework against discrimination, victimisation and harassment, but which individuals does it serve to protect? Whilst part 2 of the statute sets out a list of protected characteristics, it\u2019s failure to elucidate on the meaning of \u201cgender reassignment\u201d under section 7 has led to unresolved questions of what it might cover. Thankfully, this issue was addressed in the recent landmark judgement of Taylor v Jaguar Land Rovers<\/a> where a unanimous employment tribunal held that section 7 of the Equality Act 2010 can cover employees who identify as non-binary and gender fluid. This judgement consequently marks a rapid progression for gender diversity, and acts as a cold warning to all employers who actively pathologise gender. <\/p>\n\n\n\n

The case facts are as follows. The claimant, Rose Taylor, was a longstanding employee at Jaguar Land Rover (JLR) where she suffered years of harassment and discrimination in the workplace as a result of her decision to identify as gender fluid\/non-binary in 2017. This included receiving abusive comments and being referred to as \u201cit\u201d by her work colleagues. Furthermore, when Ms Taylor reported these incidents to HR leadership, they responded by saying \u201cwell what else would you want them to call you?\u201d And if the gravity of Ms Taylor\u2019s situation is still unclear to you – a barrister working on the case said she had not seen facts as bad as these in her 25 years of serving at the bar. <\/p>\n\n\n\n

Rose Taylor ultimately left JLR and rightly issued a claim\nagainst them for harassment, direct discrimination and victimisation. JLR\nargued that because Ms Taylor was gender fluid\/non-binary and not transsexual,\nshe did not fall under the protected characteristic of \u201cgender reassignment\u201d\nunder section 7 of the Equality Act, meaning her claim would fail. Despite\nthis, the employment tribunal found in favour of Ms Taylor and concluded that\nshe was \u201cbeyond any doubt\u201d covered by the protected characteristic of gender\nreassignment. They recognised the \u201cegregious way the claimant was treated\u201d and\n\u201cthe insensitive stance taken,\u201d something which led the tribunal to award\naggravated damages worth over \u00a3180,000. <\/p>\n\n\n\n

Robin White, a transgender barrister who worked for Ms\nTaylor on the case, said \u201cI couldn\u2019t have hoped that it had gone as well as it\ndid.\u201d White made her own transition in 2011 and, at an event with the Exeter\nUniversity Women and Law society, spoke of her own experiences with\ndiscrimination in previous jobs. She said her decision to train as an\nemployment and discrimination barrister was largely led by the injustices she\nhad faced in her own working life. It therefore seems fitting that White was\nworking on such a significant and pivotal case as Taylor v JLR, for which she\nwas awarded lawyer of the week in September by the lawyer magazine.<\/p>\n\n\n\n

With regards to the case’s impact, it is without doubt that section 7 of the Equality Act will now cover those which it was thought not to previously. The tribunal’s decision to legally recognise gender fluid\/ non-binary gender identities will likely alter societies acceptance of these minorities. It will also require employers to take steps to prevent discrimination against these groups, such as diversity training of staff at all levels or creating policies against discrimination. <\/p>\n\n\n\n

But the battle for acceptance of those who identify as gender fluid and non-binary within our society is far from resolved. There is still no option for a gender-neutral passport, nor can a person use the HMRC tax system without registering as male or female. Perhaps most shockingly, there is still no recognition of non-binary genders under the Gender Recognition Act 2004<\/a> despite frequent calls for reform. Nonetheless, it can be assured that the landmark case of Taylor v JLR is a step in the right direction for the recognition and protection of gender fluid and non-binary identities. <\/p>\n

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