Transgender person wins Employment Tribunal

152 replies

ProfessorSprout · 21/02/2018 11:39

assets.publishing.service.gov.uk/media/5a7aed66ed915d670dd7f91e/Miss_A_de_Souza_E_Souza_v_Primark_Strores_Ltd_-2206063-2017-_Final.pdf

Very interesting case (I’m in HR). Primark have really messed up here to be honest (poor investigations and actions against those who have behaved very badly).

But what I’ve found interesting is that the recommendations regarding transgender policies and education. With being in HR, I struggle with this and it crossing with my own opinions on transgender women/men. At what point does the (employment) law apply if someone self ID’s.

OP posts:

Mouthandtrousersall · 21/02/2018 12:22

I'm in HR too. This really highlights the impracticality of self ID. A passport is mandatory ID for employment checks. This person didn't have one after 16 years. Are self IDs going to bother? The onus is on everyone else in the on boarding process to never ever refer to the name on your passport? Despite it being confidential that you have changed your name/sex? How do those two opposing requirements work? Tribunals are notorious for setting bad precedent, this is yet another one.
From the case report.
Fact findings

The claimant is a transgender woman. Approximately 16 years ago, she began dressing as a woman on a permanent basis. At the time of her employment with the respondents, her official first name on her passport and national insurance was still ‘Alexander’ ie her birth name, although she went by the name ‘Alexandra’.

I do not condone the bullying at all.

Original poster

ProfessorSprout · 21/02/2018 11:54

This is a better summary of the case

m.belfasttelegraph.co.uk/business/store-failed-to-take-the-grievances-of-a-transgender-staff-member-seriously-36612162.html

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