Gender reassignment: can cause absence from work

The Equality Act 2010 is the law that says you can’t be discriminated.Gender reassignment it lists all types of illegal discrimination and the people they affect. You can file an employment tribunal if you feel discriminated against.

Employers are protected from discrimination if you have to take time off for gender reassignment.

If you are absent from work, please read this page for more information about gender reassignment discrimination.

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Table of Contents

What does gender reassignment mean?

If your absence from work is related to your gender reassignment, you are protected against discrimination

Gender reassignment refers to when you change from one gender into another. If:

You’re thinking of changing your gender
You’re currently transitioning to a new gender
You’re already a transitioning gender

You may be absent because you are attending counselling training sessions, or because you have medical appointments. It is possible that your gender reassignments will require medical intervention. However, it does not have to. It is about you wanting to live your lives in a different gender than the one assigned at birth.

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What can your employer do that you don’t want?

Injuries or sickness can cause absence

Your employer cannot make you take time off to accommodate your gender reassignments. The Equality Act makes it illegal to diy for them to treat you differently if you are absent due to injury or sickness. You can determine if your employer discriminated against your by looking at the way your employer would treat someone absent due to sickness or injury.

Absence due to other reasons for your gender reassignment

Your employer must not treat you differently if you have to take time off due to gender reassignments. This could also be considered unlawful discrimination under Section 201 of the Equality Act. If your employer can prove that they acted reasonably, this is not illegal discrimination.

You can determine if you have been Discrimination based against by looking at how your employer would handle you if you were absent due to gender reassignments.

Additional useful information
Equality Advisory Support Service, (EASS).
The EASS Discrimination Helpline can help you if you’ve been discriminated against.

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