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“Gender reassignment: expanding the protected characteristic” ELA article by Robin Moira White and Sioban Calcott (Brethertons)


Old Square Chambers’ Robin White and Sioban Calcott from Brethertons LLP have written an article on “Gender reassignment: expanding the protected characteristic” in the ELA Briefing 2021.

View the full briefing here. (Robin’s article is found on pages 13-15)

Taylor v Jaguar Land Rover (Case No. 1304471/2018) is likely to be remembered as the first time a UK employment tribunal found that the protected characteristic of ‘gender reassignment’ includes persons who identify as non-binary and gender fluid (and probably opened the door for other complex gender identities).

On 3rd Feb 2021 the Birmingham tribunal awarded Ms Taylor 25% of her costs of the case on the ground of unreasonable conduct in defending the case by Jaguar Land Rover.  The judgment includes interesting comment from the tribunal about pleading and defending a discrimination case and will form the subject of later comment by the authors.  Watch this space!

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