Gscene - James Ledward's - Blog

Brighton Council have been ordered to pay £34,765.18 for twice victimising and discriminating against a transgender ex-employee.

In June 2007 the Brighton Employment Tribunal ordered Brighton and Hove City Council to pay compensation of £34,765.18 to a former employee, in a case supported by the Equal Opportunities Commission. The identity of the teacher is subject to a restricted reporting order by the Tribunal.

The compensation order followed the decision of the Tribunal in November 2006 that Brighton and Hove City Council, and one of its senior managers, had discriminated against and victimised the former teacher on grounds of gender reassignment.

In 2003 the teacher registered with a teacher requirement agency in order to seek work and sought a reference from her previous manager at the Council. However she lost the opportunity to obtain work as a result of her previous manager revealing her change of gender to the recruitment agency, despite a request that this should not be disclosed.

Her previous manager initially delayed responding to the request for a reference. When he did respond, he faxed a secret side memo that disclosed her former name, stated her previous gender, and referred to her as both "he or she", "him" and "her". The side memo also revealed to the agency that she had previously raised proceedings alleging discrimination and speculated that he had "no reason to suppose that he or she is any less effective a teacher as a result of the gender change, unless publicity around the case has caused social difficulties which make effective teaching a problem". He also offered to have further telephone conversations with agency staff.

This treatment was held by the Tribunal to amount to discrimination and victimisation of the teacher, for which the Council and her previous manager were liable.

It was only after the teacher had contacted the agency directly some months later, because the agency had refused to provide her with any work, that she discovered the existence of the secret fax. The Council had failed to reveal its existence when originally asked.

In 2005, in the absence of having received any employment, the teacher approached her previous manager for a reference again but was refused. The Tribunal found that both the Council and the manager had further discriminated against and victimised the teacher by refusing the second reference request and by refusing to hear her grievance over the refusal. The Council also failed to adopt existing Criminal Records Bureau procedures for transgender people, and ignored EOC guidance on the employment of transgender people. Although the Council applied for a review of the ET's findings of discrimination and victimisation, and then lodged an Appeal, both were unsuccessful.

As well as awarding the teacher compensation of £34,765.18 for her loss of earnings and injury to feelings, the Tribunal made a recommendation that the Council provide any prospective employer or employment agency with a
non-discriminatory reference.

Paul Elgood, Former Chair of Equalities, Brighton & Hove City Council, Lib Dem Counsellor for Brunswick & Adelaide, said:

“Everyone needs to know they will be treated equally and fairly by an Employment Tribunal. It is sad that a restricted reporting order is necessary to keep the identity of a plaintiff secret in order to get a fair hearing. If Brighton and Hove Council had adopted my request for andindependent whistle blowing policy’ as part of last years Equalities Review, cases like this would be less likely to happen. A refusal to implement an independent whistle blowing policy is in my view an acknowledgement that all is not well by the City Council.”

James Ledward, Editor, Gscene, Brighton Lesbian, Gay, Bisexual and Transgender Magazine said:

“It should not be necessary to have a restricted reporting order on a case for someone to get a fair hearing. This case highlights that an employment black list operates in Brighton and Hove. Now we need to know exactly by who and where. We also need to explore the relationship between the Tribunal and Brighton and Hove Council as I doubt this case would have been successful if the plaintiff had been named at the Tribunal.”

“At the very same time the Council were unsuccessfully fighting these cases they were also forced to do an internal investigation into victimisation and bullying. This uncovered a “culture of fear” throughout. Results showed serious victimisation and bullying is endemic. People raising issues are seen as “problems” and the victims
blamed. This is exactly what happened to X.”

For further details contact Equality and Human Rights Commission Press Office: 020 3117 0251.