MJ O'Connor Solicitors

The Equality Tribunal has recently published a determination where it awarded €35,400 in damages after it found that the Claimant had been discriminated against on grounds of gender and disability.

 

This is the first major decision where the Tribunal has recognised the inclusion of transgender people under the gender heading of the Legislation.

 

The Claimant alleged she had been constructively dismissed when she revealed her real gender identity to her employer and then sought through the process of “real life experience” to live as a member of the other sex. The Claimant was able to give examples of the discrimination to which she felt she had been subjected. She said that the Company Director had told her that she should come to the office dressed as a woman but then that she would have to change into male clothes and use her male identity when seeing clients. 

 

Sometime later she was asked to work from home until a new office was ready for her. She expected this to be a temporary measure but was told that a new person had started to work in the office and there was no room for her. She again requested to be allowed return to work in the office but this was refused. She was told that her presence caused a bad atmosphere in the office. She secured work elsewhere however when this fell through she asked to return to her position. She was offered a new contract for a different roll with unsociable hours and lower pay. She refused this and was then asked to hand in a letter of resignation. The Company alleged that it had attempted to provide support and be sympathetic but the Claimant’s productivity had dropped dramatically since the announcement of her new gender identity.

 

The Equality Tribunal found that the Company had little if any understanding that the gender transition process was the appropriate treatment for the Claimant’s condition. It found that the employer had a duty to obtain knowledge of an employee’s disclosed disability to ensure that he or she does not discriminate against the employee. The Tribunal went on to say that the facts of the case “clearly reveal how a failure to appreciate the reality of a disability and the exclusion of a person with a disability from the process that aims to integrate her has resulted in discriminatory treatment on the grounds of gender and disability grounds”.

 

On the disability point the Tribunal was of the view that while the Complainant did not because of her disability require special assistance or reasonable accommodation to be afforded per se she did require a work place that recognised her right to dress and be identified as female.

 

They viewed that the difficulties the Claimant encountered at work were clearly as a result of the Company’s actions and treatment of her and found that the Company approach amounted to a discriminatory dismissal on the grounds of gender and disability and awarded €35,400 in compensation which represented approximately 18 months pay.

 

Louise Hannon v First Direct Logistics Limited

 

For further information on Equality or relating to employment law

Contact Catherine O’Connor - coconnor@mjoc.ie