An employment tribunal has upheld the Equality Act claim of a claimant describing herself as ‘non-binary’ and ‘gender-fluid’.
Although only an employment tribunal decision and so not a binding precedent, a tribunal has held that non-binary or gender-fluid people can be protected under the protected characteristic of ‘gender reassignment’ – that the person does not have to be moving from one biological sex to the other.
The claimant succeeded in her claim for discrimination and harassment related to gender reassignment, and for constructive dismissal. It said the claimant had been subjected to harassment related to gender reassignment over a sustained and prolonged period of time.
The case is Taylor v Jaguar Land Rover Ltd https://assets.publishing.service.gov.uk/media/5fc8d559d3bf7f7f5c134ad3/Ms_R_Taylor_v_Jaguar_Land_Rover_Limited_-_1304471.2018_-_Reasons.pdf (also further decisions in the same case at gov.uk).