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Transgender equality

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The tribunal's ruling

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Employee awarded £25,000 over “deadnaming”

Council sued

In October 2023 it was reported that Kingston Council (KC) had been ordered to pay over £25,000 in compensation to one of its employees after the tribunal upheld allegations of deadnaming.

The employee who brought the case against KC was referred to as “Miss AB” throughout the proceedings.

Transition plans

Towards the end of 2019, Miss AB, who worked in the transport department, advised bosses at KC that she was planning to become a trans woman. Miss AB transitioned in July 2020.

Following her transition, Miss AB claimed that she received “no support whatsoever” from KC. In addition, Miss AB alleged that she was:

• accused of throwing a “hissy fit” after she raised concerns about plans to install potentially unsafe street lighting
• instructed to have no direct contact with local councillors; and
• told that certain emails had to be passed by her manager before they could be sent.

Deadnaming allegations

Miss AB also informed the tribunal that:

• it took KC two years to change her door pass to her post-transition name which, effectively, meant that she could not personally access the building or use the photocopier during that time
• a Post-it note was put on her locker which had her deadname crossed out next to her post-transition name; and
• KC failed to update its internal systems, payroll and pension information to recognise her post-transition identity - this also outed Miss AB to others.

Went off sick

In May 2021 Miss AB raised a grievance about KC’s treatment, including the deadnaming. This complaint was ignored. She then went off sick with stress and did not return to work until the beginning of November 2021. KC never apologised to her.

Unlawful discrimination

The tribunal found in Miss AB’s favour because it is unlawful to discriminate against an employee on the grounds of gender reassignment under the Equality Act 2010 (see The next step ).

Tip. Deadnaming, i.e. the act of referring to a transgender or non-binary person by their former name, which is most often their birth name, after they’ve chosen a new name is a form of gender-reassignment discrimination as it invalidates a person’s identity and suggests non-acceptance. It also puts the person at risk by outing them to others and may cause psychological harm.

Tip. If a transgender or non-binary employee informs you of a new name, update your systems as soon as reasonably practicable. If they are accidentally referred to by their former name, apologise immediately. Make it clear how you will support these employees in a transgender equality policy (see The next step ).

For the tribunal’s ruling in this case and a transgender equality policy, visit https://www.tips-and-advice.co.uk , Download Zone, year 25, issue 20.