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Clarity on what is protected under the Equality Act

Tribunal ruling confirms gender-fluid and non-binary workers are protected under the Equality Act
A gender-fluid employee at Jaguar Land Rover (JLR) engineer who faced insults and jokes from their colleagues has won a claim for harassment, discrimination and constructive unfair dismissal.  The tribunal decision confirmed that protections under the Equality Act for those undergoing gender reassignment also extended to non-binary and gender-fluid individuals.

This clears up the debate on whether non-binary people were protected by anti-discrimination legislation.

The employer’s argument was that the individual did not fall within the definition of gender reassignment under section 7 of the Equality Act because they were gender fluid/non-binary, but the tribunal found this argument to be “totally without merit” when they found in the employee’s favour that the protected characteristic of gender reassignment was applicable.

What does this mean for employers?  It goes without saying that all individuals should be treated equally in the workplace and inclusion should be high on the agenda.  You may also wish to consider physical adjustments including gender-neutral toilet facilities and uniforms.
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