Search

How can we help?

Icon

A step in the right direction for gender fluidity in landmark discrimination case

Non-binary engineer, Rose Taylor had been subjected to bullying and harassment at the hands of work colleagues and faced a lack of support from management at Jaguar Land Rover. The poor treatment had started in 2017 when Taylor first identified as gender fluid/nonbinary and started changing the way she presented herself, including wearing women’s clothing. Taylor brought claims in the Employment Tribunal for harassment, direct discrimination and victimisation on the grounds of gender re-assignment. Gender re-assignment is one of the nine protected characteristics set out in the Equality Act 2010. However, it was uncertain, up until this point, whether the gender re-assignment definition would cover individuals who identified as non-binary or gender fluid.

The tribunal held however that it was “beyond any doubt” that Taylor should be protected under the gender re-assignment characteristic. Taylor’s claims for harassment, direct discrimination and victimisation were all successful on this basis. In reaching a decision, the Tribunal judge commented that it was clear that “gender is a spectrum” and that gender reassignment “concerns a personal journey and moving a gender identity away from birth sex”.

The tribunal held however that it was “beyond any doubt” that Taylor should be protected under the gender re-assignment characteristic.

The importance of this judgement is that it increases the chances of other individuals with complex gender identities falling within the definition of (and therefore under the protection of ) the gender re-assignment definition in the Equality Act 2010.

At Clarkslegal we have extensive experience of discrimination cases and would be happy to discuss any queries you may have.

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

About this article

Read, listen and watch our latest insights

art
  • 30 September 2026

Clarkslegal celebrates strong results in the Legal 500 UK 2027

Clarkslegal would like to thank its clients for the outstanding feedback that contributed to the firm’s recognition in the Legal 500 UK Solicitors 2027 Guide. We are proud to be recognised across five key practice areas: Litigation, Property, Corporate & Commercial, Employment, and Immigration.

art
  • 29 September 2026
  • Employment

New bereavement leave rights for pregnancy loss

The Government have announced that in April 2027 they will be introducing a new right to bereavement leave to include those who suffer pregnancy loss before 24 weeks. This has been announced in their response to their consultation on bereavement leave “Make Work Pay: Leave for bereavement including pregnancy loss”.

art
  • 25 September 2026
  • Employment

Consultation response on duty to inform workers of right to join a union

The Employment Rights Act 2025, makes it a requirement for employers to inform workers of their right to join a trade union at the same time as the Section 1 particulars are issued to them and at subsequent times. The details of this new duty are to be provided in regulations.

art
  • 24 September 2026
  • Public Procurement

Procurement challenges: What documents and information are bidders entitled to?

A tricky feature of public procurement challenges for unsuccessful bidders is that contracting authorities usually hold all the cards. When the outcome of a tender conducted under the Procurement Act 2023 has been decided, authorities must provide bidders with an Assessment Summary containing their scores for each of the award criteria and those of the successful bidder and an explanation for those scores.

art
  • 23 September 2026
  • Corporate and M&A

GDPR Privacy Policies: Key requirements for organisations

When an organisation is creating a website or app to reach users or potential customers drafting a Privacy Policy may be an afterthought. However, failure to write a Privacy Policy, which complies with the relevant legislation, can have serious consequences.

Pub
  • 17 September 2026
  • Employment

Employment law changes in 2026: What you need to know

Stay ahead of the latest UK employment law changes. Watch our on demand webinar with Monica Atwal and Harry Berryman covering key HR developments and employment law updates for 2026.