The Equality Act 2010 is the law that says you can’t be discriminated. It lists all types of illegal discrimination and the people they affect. You can file an employment tribunal if you feel discriminated against.
Employers are protected from discrimination if you have to take time off for gender reassignment.
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If you are absent from work, please read this page for more information about gender reassignment discrimination.
What does gender reassignment mean?
If your absence from work is related to your gender reassignment, you are protected against discrimination
Gender reassignment refers to when you change from one gender into another. If:
- You’re thinking of changing your gender
- You’re currently transitioning to a new gender
- You’re already a transitioning gender
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You may be absent because you are attending counselling sessions, or because you have medical appointments. It is possible that your gender reassignment will require medical intervention. However, it does not have to. It is about you wanting to live your lives in a different gender than the one assigned at birth.
What can your employer do that you don’t want?
Injuries or sickness can cause absence
Your employer cannot make you take time off to accommodate your gender reassignment. The Equality Act makes it illegal for them to treat you differently if you are absent due to injury or sickness. You can determine if your employer discriminated against your by looking at the way your employer would treat someone absent due to sickness or injury.
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Absence due to other reasons for your gender reassignment
Your employer must not treat you differently if you have to take time off due to gender reassignment. This could also be considered unlawful discrimination under Section 201 of the Equality Act. If your employer can prove that they acted reasonably, this is not illegal discrimination.
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You can determine if you have been discriminated against by looking at how your employer would handle you if you were absent due to gender reassignment.