UK: Discrimination – Protection of Non-Binary and Gender Fluid People

Ms. Taylor, an engineer at Jaguar Land Rover, identified as gender fluid/non-binary. She suffered discrimination and harassment at work on the grounds of her gender identity.

The Tribunal upheld Ms. Taylor’s harassment, direct discrimination and victimisation claims against Jaguar Land Rover, and affirmed that the Equality Act does protect non-binary and gender fluid people from discrimination under the protected characteristic of “gender reassignment”. Ms. Taylor was awarded aggravated damages for Jaguar’s treatment of her both in employment and during the tribunal proceedings.

Practical Point

This decision confirms that discrimination protections extend to non-binary and fluid gender identities. Note that only limited details are known about the Tribunal’s decision as the written reasons have not yet been published.

Taylor_v_Jaguar_Land_Rover_Ltd, https://assets.publishing.service.gov.uk/media/5f68b2ebe90e077f5ac3bb5a/Ms_R_Taylor_V_Jaguar_Land_Rover_Ltd_-_1304471_2018_-_judgment.pdf.

For more information on these articles or any other issues involving labour and employment matters in the United Kingdom, please contact Robert Hill (Partner) at Clyde & Co at robert.hill@clydeco.com or visit www.clydeco.com.