The Law


The Sex Discrimination Act 1975 (SDA) makes it unlawful to discriminate against men and women in all areas of employment, education, training and in the provision of goods and services.

 

The Sex Discrimination (Gender Reassignment) Regulations 1999 stops a person who is intending to undergo, is undergoing or, has undergone gender reassignment, from being discriminated at work. A person is protected from harassment, redundancy and dismissal and less favourable treatment in recruitment, promotion, pay, access to work related benefits and vocational training. A person is not legally required to disclose their transgender status or previous identity to an employer.

 

The Gender Recognition Act 2004 allows for the legal recognition of transsexual people's true gender (the Act calls this the 'acquired gender'). This recognition is called gender recognition, and to obtain it, it is necessary to apply to the Gender Recognition Panel. The general rule is that the Panel will grant gender recognition if it is satisfied that the applicant:

* has, or has had in the past, gender dysphoria
* has lived in the acquired gender for at least two years when the application is made
* intends to continue to live in the acquired gender for the rest of their life.

 

It is not a requirement for gender recognition that the applicant has had gender reassignment surgery. It is however necessary to supply the Panel with reports from two doctors, or from a doctor and a psychologist. One of these two people must practise in the field of gender dysphoria and their report must include details of the applicant's diagnosis of gender dysphoria. The Gender Recognition Panel website gives full details of how to apply for gender recognition.



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