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Accepting change
Page 36
Page 37
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A driver is claiming compensation for discrimination while undergoing a sex change. What should operators do to ensure equal treatment for all their employees? Sally Nash reports.
Tnick driver Vikki-Marie Gaynor,formerly Mike Gaynor, claims she was discriminated against after coming to work wearing women's clothes, earrings and make-up. Some of the other drivers made hurtful comments and rude gestures, she says, while others ignored her. Gaynor also claims that shifts were cancelled, and that in the end it was too painful to go to work. As a result she is pursuing a discrimination case against Exel Europe and her employer, recruitment agency Blue Arrow.
Reassignment protection
This case highlights a relatively recent piece of anti-discrimination legislation, namely the Sexual Discrimination (Gender Reassignment) Regulations 1999. A ruling at the European Court of Human Rights in 2002 also strengthened the rights of transsexuals.
Christine Bunts,TransRights Campaigner an d Educator at pressure group Press for Change, says that under the Sexual Discrimination (Gender Reassignment) Regulations it is now illegal to discriminate against someone who "intends to undergo, is undergoing, or has undergone gender reassignment". It is estimated that more than 5,000 people in the UK have gone down this road.
"It's nearly eight years since the law came in on this and in most cases it has been very successful," says Burns."Whereas before it was very easy for an employer to sack someone as they had no legal obligations, the law has forced people to think about how to handle the situation and most have found that it was not the big problem they presumed it would be."
Burns says employees who are in the process of changing gender arc the most committed to ensuring that the process goes well.
"I've found that they will endlessly explain their situation as they want to be accepted," she says. For example, she adds, there is still widespread confusion over the difference between transvestites and transsexuals.
Burns advises employees who are planning to undertake 'gender reassignment' surgery to discuss their situation with their employer. Wise employers will then refer to specialist employment law advisers to find out their legal obligations. One recurring basic issue to be considered is toilet facilities.
As CM went to press, a date had yet to be set for an Employment Tribunal hearing for VikkiMarie Gaynor. But while she cannot comment on individual cases, Burns says in some cases compensation has been high.
Separate hearing
First a Tribunal has to decide if there has been a clear case of discrimination. Then, if this is the case, there will be a separate hearing to consider punishment and compensation.The first part of the payout will centre on loss of earnings or loss of future earnings; the second part will reflect the individual's feelings.
As far as Vikki-Marie Gaynor is concerned, DHL Exc.] Supply Chain stresses it is an equalopportunities employer which does not condone any type of victimisation and takes such allegations very seriously.
"We have robust grievance processes in place and allegations arc dealt with swiftly and appropriately," a spokesman reports. "Although the person involved was employed by Blue Arrow, DHL worked closely with other parties to ensure that all appropriate processes were followed." • FURTHER INFORMATION TGFact works with employers in the proactive management of gender transition in the workplace: www.tglact.co.uk Press for Change: www.pfc.org.uk