Oscar Davies of the Garden Court Employment and Discrimination Law Teams acted for the Claimant.
Oscar was instructed under the Public Access Scheme.
Oscar Davies has secured a significant settlement in case involving anti-trans abuse, workplace inaction, and failure to uphold equality duties.
Oscar drafted settlement letters and closed settlement discussions, drafted Grounds of Claim and represented Y at a preliminary hearing.
A £21,000 settlement has been secured for Y, a trans employee who experienced prolonged mistreatment while working for a well-known clothing retailer. Represented by discrimination and employment barrister Oscar Davies, this case reinforces that trans people are protected by law and that employers who fail to maintain inclusive workplaces risk serious financial and reputational consequences.
Y worked as a Visual Merchandiser and was open about her identity from the beginning of her employment. Despite this, she faced persistent abuse from customers and colleagues, including invasive comments about her appearance and identity, being filmed without consent, and targeted harassment in staff areas. Colleagues made degrading remarks and questioned her right to access certain workplace facilities. Although some incidents were reported by other staff, managers delayed taking action and failed to provide effective support.
Management did eventually introduce measures intended to improve safety, such as a system for requesting help. However, these were inconsistently applied. In one instance, essential equipment intended to help her raise the alarm during customer abuse was removed, and requests for support were ignored. When formal grievances were raised, key issues went unaddressed and concerns were downplayed, leaving Y in an unsafe and hostile working environment.
Despite the company’s written commitments to diversity and inclusion, their failure to act in line with those commitments formed the basis of the legal claim. Under the Equality Act 2010, gender reassignment is a protected characteristic, and employers have a legal duty to prevent and respond to discrimination and harassment in the workplace.
Oscar Davies commented:
“This outcome recognises the harm caused when employers fail to uphold their duties. Y showed enormous courage in coming forward, and this case sends a clear message to employers: if your workplace is not inclusive and does not work actively to prevent discrimination, the law will hold you to account.”
“The case stands as a clear reminder that trans rights are non-negotiable. The law is there to protect everyone from discrimination, and those protections must be respected and enforced.”
If you or someone you know has been affected by discrimination at work, our Employment and Discrimination Law Team is here to help. Get in touch with our clerks at employmentclerks@gclaw.co.uk.
