According to recent research, a third of employers in the UK said they would not employ trans people. It also stated that 74% of those surveyed said they had never knowingly worked with a trans person.
LGBTQ+ rights charity Stonewall said that 35% of LGBT+ staff have hidden the fact that they are LGBT at work, due to fear of discrimination by their employer. The report, based on YouGov research with 3,213 LGBTQ+ employees, found that nearly two in five bi people, (38% of those surveyed) aren’t out to anyone at work.
In fact, the report highlighted that workplace bullying continues to be a serious problem for LGBTQ+ employees, with 18% claiming they have been the target of negative comments or conduct from work colleagues because they are LGBTQ+.
28% of LGBTQ+ people believed that they were actively discriminated against in the promotion process, and 30% believed that senior management would be more likely to promote non-LGBTQ+ colleagues, citing employers as having more in common with them.
Shockingly, 62% of those surveyed believed that in order to progress at work, they needed to act “straight”.
Diversity in the Workplace
Applications for a Gender Recognition Certificate have been slowly increasing, with applicants wanting their affirmed gender, otherwise known as ‘acquired gender’, to be legally recognised in the UK.
Campaigners such as Macquarie Group and Tesco, plus international organisations such as the UN, are increasingly promoting best practices for creating more inclusive workplaces. Diversity in the workplace can help companies by helping the business remain innovative and sustainable. Companies, where LGBTQ+ inclusion is embedded throughout every stage of an employee’s journey, show different ways of thinking and acting and tend to have a competitive edge in the marketplace. Despite this, research by the Trades Union Congress, still shows that one in five workplaces still do not have LGBT policies.
Employment tribunal case: de Souza v Primark
In recent years, an employment tribunal case was brought against clothing retailer Primark. The claimant, Alexandra de Souza E Souza, who worked at Primark’s Oxford Street west store, was awarded Ł47,433 in compensation to cover injury to feelings, and loss of pay and pension contributions, due to workplace bullying and transgender discrimination. The claimant made a constructive dismissal claim, after being forced to leave their job.
Conclusions from constructive dismissal claim resulted in the employment tribunal recommended that Primark should adopt a written policy on how to deal with new or existing staff who are transgender or who wish to undergo gender reassignment. Further recommendations also included that all materials used for equality training of staff, management and HR should include references to transgender discrimination. The employment tribunal also cited that Primark should “ensure that transgender discrimination and harassment is referred to in all equality and harassment policies along with any other protected characteristics under the Equality Act 2010”.
What should I do if I am dismissed?
If you’re threatened with dismissal or have been dismissed from your job, help is always available. In the UK, third parties can help to solve the issue by arbitration, conciliation or mediation. Employees who are part of a trade union can speak to their union representative for help.
If you think that you have been unfairly dismissed, or have grounds for a claim, always seek advice.