A complaint was made to the Jersey Employment and Discrimination Tribunal against a local company, Condor Limited in which it was alleged that Condor were discriminating against a transgender member of staff.
Condor Limited accepted that there had been a non-intentional and non-malicious act of discrimination towards the transgender member of staff . Gender reassignment is a protected characteristic under the Discrimination (Jersey) Law 2013.
Condor Limited’s admission enabled the Tribunal to follow a procedure in which it makes recommendations to the company to remedy the act of discrimination. The recommendations made by the Tribunal were that the employers should update its Equality and Diversity policy in order to ensure that the transgender member of staff is treated sensitively by staff and that staff will refer to her by her preferred designation of “Ms Bisson”.
Condor Limited must also complete its programme of altering signage on its toilet facilities so that Ms Bisson as a transgender person may use such toilet facilities without fear of humiliation or embarrassment.
It is worth noting at this point that the other protected characterises under the Discrimination (Jersey) Law 2013 are: race; sex; sexual orientation and pregnancy and discrimination, so this is a reminder to all employers to check that policies are compliant.
Christopher Austin | Head| Employment Law
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