Issues which may be considered include: Ministers of religion, etc. Coming into force 1st May The Secretary of State, being a Minister designated for the purposes of section 2 2 of the European Communities Act 1 , in relation to measures to prevent discrimination on the grounds of sex in fields of pay and treatment in matters of employment, self-employment and vocational training 2 , in exercise of the powers conferred by that section, hereby makes the following Regulations: While it is not at present possible for a UK citizen who has undergone gender reassignment to alter his or her Birth Certificate, it is possible to obtain other official documents in the new identity. Many transsexual people wish to keep their transsexual status as private as possible, whilst others are willing to discuss it confidentially or even openly. Transsexual employees are entitled to expect support from their employer including any necessary discussions and explanations with other members of the workforce or members of the public.
However once the issues are identified and gender reassignment commences, such problems are usually resolved. This was first legally challenged in the s in the case of Ross Alexander, where the Court of Session ruled that the certificate change was legitimate for the purposes of inheriting a title, a decision later upheld by the Home Secretary. The Directive applies only to the fields of employment and vocational training. Financial and organisational concerns may not automatically constitute reasonable grounds for applying a GOQ. In the event, having been well briefed, parents and pupils were happy to accept D in his new role. Her employer arranged briefing by outside trainers for all her colleagues. The Regulations cover only direct discrimination. Harassment of an individual on the ground of gender reassignment either by his or her employer or by fellow employees will give rise to unlawful discrimination. Citation, commencement and extent 1. With respect to recruitment to a post to which a GOQ applies, employers should be aware that failure to recruit a person to whom gender reassignment grounds apply and who is living and presenting in their "new" sex may be considered unreasonable and lead to claims of discrimination by those aggrieved. Part Ill suggests good practice for dealing with the absence of an employee undergoing the gender reassignment process. The provision further amends section 82 of the Act general interpretation provisions by inserting a definition of gender reassignment. Its purpose is to provide guidance in relation to the application of the Regulations; and to suggest some aspects of good practice for employers and employees on the issues which may be encountered in accommodating an individual for whom gender reassignment grounds exist in the workplace. It may be that where a job involves only occasionally undertaking the duties for which a GOQ applies, employers consider instead re-allocation of tasks. The case was held secretly and in a Scottish court, and there was not a publicly reported case in an English court until Do the Regulations apply to Ministers of Religion? However an employer must not treat any less favourably a person absent while undergoing gender reassignment than he or she treats, or would treat, a person absent due to illness or to some other cause. This ensures that the various stages of the gender reassignment process, including the very initial stage, where an individual indicates an intention to commence gender reassignment, are covered by the Regulations. It is not a question that should ever be asked at interview, just as, for example, a woman should not be asked about her plans to have children. It is unlawful to discriminate against a person for the purpose of employment or vocational training on the ground that that person intends to undergo gender reassignment, or is undergoing gender reassignment, or has at some time in the past undergone gender reassignment. An appropriate marker for using the facilities of the employee's "new" sex may, for example, be the point at which the individual begins to present permanently in the sex to which they identify. Breaches of confidentiality should be treated in the same serious manner as disclosure of personal details of any other member of staff. It does not refer to colleagues, clients or line managers. However, exceptions may arise such as where considerations of privacy and decency or authenticity are involved. If incapacity continues beyond the normal expectations for the process undergone, a transsexual employee could be retired on medical grounds in the same way as any other person who becomes unfit for duty.
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