An Employment Tribunal has awarded a former Primark employee £47,433.03 after finding that she was subjected to harassment and direct discrimination related to her gender reassignment. This award comprised £25,000 injury to feelings as a result of the discrimination suffered by the Claimant.
The Claimant, Miss A de Souza E Souza, was a transgender woman. Around 16 years ago she began dressing as a woman on a permanent basis. However, at the time of her employment her first name for the purposes of her passport and national insurance was “Alexander”, her birth name, although, on a day to day basis the Claimant went by the name “Alexandra”.
The Claimant worked at the Oxford Street West branch of Primark from 2nd September 2016 until she submitted her resignation on 25th February 2017. In her resignation letter she indicated that she was leaving her employment because “[she] cannot work in a place where [her] gender is an issue.”
The Employment Tribunal found that the following acts constituted harassment related to gender reassignment:
The Claimant raised grievances about her treatment, but alleged that the Respondent had failed to properly investigate and consider her concerns. In relation to several specific incidents, the Respondent did not provide the Claimant with any outcome whatsoever in relation to her complaints. The Tribunal found that, even at a late stage, in the run up to the Claimant’s resignation, when the Respondent knew their failure to deal with these matters was a major issue, they still did nothing to attempt to remedy the situation.
In its Decision, the Tribunal recorded that the Respondent “…showed a complete lack of understanding from the beginning as to what was required…” and recommended that they adopt a written policy on how to deal with new or existing staff who are transgender, or wish to undergo gender reassignment, amend any materials used for equality training to include references to transgender discrimination, along with the other protected characteristics, and that the Respondent add into the training manuals for management, the importance of consistent application of the grievance policy as well as the importance of providing a timely outcome to grievances with a right of appeal.
Katie Buchanan is a Solicitor specialising in Employment law and can be contacted on 02890434015.