Rights For Transgender Or Non-Binary Employees – What Are an Employer’s Obligations?

Posted in : First Tuesday Q&A NI on 6 September 2022
Chris Fullerton
Arthur Cox NI
Issues covered: Discrimination and Equality; Policies and Procedures; Transgender

There are specific anti-discrimination rights for those in the LGBTQ+ community in the Sex Discrimination (Northern Ireland) Order 1976. Under this legislation, if an employee is absent as a result of undergoing gender reassignment, an employer cannot treat this absence any less favourably than any employee absence as a result of sickness or injury. This means that the company sickness policy must apply and the employee must be entitled to statutory sick pay and any company sick pay which is available.   Further, employers cannot treat an employee any less favourably if they are absent due to gender reassignment.

As per the Employment Equality (Sexual Orientation) Regulations

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Back to Q&A's This article is correct at 06/09/2022

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Chris Fullerton
Arthur Cox NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com

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