Problems at Work?

The Press For Change guide to pursuing a claim for discrimination on the grounds you are intending to undergo, undergoing or have undergone Gender Reassignment.

November 2002

So you are being hassled at work. You’ve transitioned and are now living and working full time in your new gender role as a man.

And now the nastiness has started.  There’s some graffiti in the loo now about sex swop girls, with some rather obscene artwork next to it.  Last week you asked your line manager to have a word with other staff so as to try and knock this behavior on its head, but she says “Don’t worry, they’ll all get over it soon enough.  I’ll get someone to come in and paint over the graffiti” - but 6 days later it is still there.

Today you went into work and opened your desk drawer; there was a used sanitary towel in it. You got really mad and hit the roof well and truly.  You stormed out and went out into the rear car park where you sat smoking. One of the nicer guys you work with came out and kept you company, but then after putting his arm on your shoulder he suggests that he has what could cure you.  After trying to speak with him calmly, but as his hands wander more and more over your body, you knee him in the balls.

You go home after this, and wonder whether it is all worth it - perhaps you’d do better to just give up and resign. Then the phone rings.  It is the Head of Human Resources.  She says you are suspended pending the investigation of a serious allegation. She won’t tell you what the allegation is, but the police officer who arrives at your home shortly afterwards says that some of the younger women in the office have alleged that you kept feeling your new penis when you were near them, and that you took it out and exposed yourself to 2 of them.  After a short explanation of the reality of your surgical position, and getting your GP to confirm it, the police office says she will write a report completely exonerating you and recommending that the consideration be given to disciplining the young women involved.

You contact your line manager and say you will be going back into work tomorrow - she then tells you that you are still suspended, this time for your behavior in the office on the day of the discovery of the sanitary towel, and further more that you will be disciplined for your assault on the male member of staff.  She then tells you that she is sick of hearing about it all, why don’t you just leave, you are just a pervert.  She says she was going to just sack you but Human Resources have said that it has to be ’legit’ so they’ll use the assault as a way of getting rid of you. She finishes by saying that thank god, she’ll never have to work with you again and if you think you are ever going to get a reference out of her, then you’ve got another think coming.

Far fetched?  Maybe a little, but only in that all of these incidents, which are in themselves real experiences of trans people, are put together in one scenario - whereas in real life most scenarios only include 2 or 3 of them, not all of them.

So - what do you do?  Lie down and die, or fight back.  We believe fighting is the only right thing to do, but in order to do that you have to be battle ready.  Here’s what to do:

1. LEGAL ADVICE: You do not need a solicitor as yet - it will just cost you a lot of money, and you’ll get nowhere (you will not get a solicitor to act for you on a ’no-win, no-fee’ basis on an employment case, as Employment law is one of the very few areas where no legal costs will be met by the state or awarded against the other side) but do contact your local Citizen’s Advice Bureau or Law center and get yourself allocated a case worker. Contact the Equal Opportunities Commission (EOC) go to their website www.eoc.org.uk for the latest phone numbers.
2. JOIN THE UNION: Do you have an internal union, or are you a member of a union - if not, and if you could be, join NOW.
3. INCIDENT DIARY: Keep a diary of events - a small notebook, with dates, incidents etc. Keep this regularly, it will be invaluable evidence if you do end up at an Employment tribunal.
4. FIND OUT WHAT THE INTERNAL GRIEVANCE PROCEDURE IS. Contact your employer’s head office and ask for the latest staff handbook, and disciplinary code. You have a right to these, but note if you don’t get it also - that is good evidence of your employer’s intention.
5. MAKE A RELEVANT EVENTS ACCOUNT: As for the incidents of the previous week - sit down and remember exactly what you can, and write it down. Include all the details you can of who was there, who did what and who said what. This will take you a lot of time (I reckon about 5 or 6 hours every time I deal with one of these cases) - but in order to challenge bad employers like these you need to have a clear document of everything that took place, was said, etc. I know it is boring - BUT do it NOW!
6. COLLECT YOUR WITNESSES: Contact your ’friends on the inside’ in private, and ask them to verify any part they can remember of the story as you have written it. Explain that if you are dismissed you may fight, but as yet have not made any decision. But ask them, if the matter is pursued would they be willing to verify the truth if it does get to a hearing.
7. READ THE MATERIALS IN THE EMPLOYMENT SECTION OF THE PRESS FOR CHANGE WEBSITE: you need to become knowledgeable in employment law, and you may well have to help any Citizen’s Advice Bureau or Law Centre case worker to also know the law as it relates to trans people. Be prepared to print out materials and take them with you.
8. START THE PAPERWORK: If they do sack you - you have only 12 weeks to make a claim for unfair dismissal or sex discrimination - so, contact your local Employment Tribunal (number with directory enquiries) and get an IT1 form NOW, and complete all that you can except the statement of case.
9. ALWAYS HAVE A REPRESENTATIVE: never go to any meeting with the other side without having a representative (from the union, or local CABx or even a friend from PFC or a support group). Ask if you can tape record the meeting for a full and verifiable record. If they refuse, then explain that you will be taking down verbatim notes and ask them to speak slowly. Take the notes and ask for a pause if you need time to catch up with writing it all down.
10. SAY AS LITTLE AS POSSIBLE. Let the other side do the talking, they will often let themselves down. You should let your representative speak on your behalf if it is needed, and you should say as little as possible.
11. THINK OF THE MONEY: The largest win in such a case, to date, has been £144K. Most average £25-£30K when there is this sort of harassment.
12. FINALLY - you can win, but do take the advice of the EOC, a Law Centre or the Citizen’s Advice Bureau.
    However, the only real experts in trans law are trans people themselves, so you must be able to help out those who are helping you. The EOC or the Citizens Advice Bureau will tell you if they think you need a solicitor. But in the meantime you can save yourself hundreds of pounds in legal advice fees, advice which is rarely useful in these cases as few lawyers know about trans people’s right, by simply working for yourself with a little help from the EOC.