Introduction to Trans and Non-Binary Discrimination
Transgender and non-binary people are individuals whose gender identity is different from the sex they were assigned at birth. A transgender person may identify as a man or a woman, while a non-binary person does not exclusively identify as either male or female. Both groups may face unique challenges and discrimination in everyday life, including at work, in education, when accessing services, or in public spaces.
In the UK, the main law that protects people from discrimination because of their gender identity is the Equality Act 2010. This law makes it illegal to treat someone unfairly because they are transgender, and its protections often extend to non-binary people as well. Under the Act, “gender reassignment” is recognised as one of the protected characteristics under the Equality Act 2010, meaning it is unlawful to discriminate against someone who is proposing to undergo, is undergoing, or has undergone a process to change their gender.
Understanding these legal protections is essential for ensuring fair treatment and equal opportunities for everyone, regardless of gender identity. By knowing your rights, you can recognise discrimination, challenge unfair treatment, and seek support if you need it. This knowledge also helps employers, service providers, and educators create more inclusive environments where everyone is respected and protected by the law.
Legal Protections for Trans and Non-Binary People Under the Equality Act 2010
The Equality Act 2010 is the main law in the UK that protects people from discrimination, including those who are transgender or non-binary. Under this law, it is illegal to treat someone unfairly because of “gender reassignment.” This term covers anyone who is proposing to undergo, is undergoing, or has undergone a process to change their gender. Importantly, the protection also extends to non-binary people, even though the Act does not specifically use the term “non-binary.” Recent legal cases and guidance have confirmed that non-binary and gender-fluid individuals are included under the definition of gender reassignment.
The Equality Act 2010 makes it unlawful to discriminate against someone because of their gender identity in several key areas of everyday life:
- Work: Employers must not treat you differently or unfairly because you are trans or non-binary. This includes recruitment, pay, promotions, training, and dismissal. If you experience unfair treatment at work, you have the right to challenge it. For more details on your rights in the workplace, see our guide on workplace discrimination laws.
- Education: Schools, colleges, and universities must not discriminate against students because of their gender identity. This covers admissions, the way you are treated in classes, access to facilities, and participation in activities.
- Services and Public Functions: Businesses and organisations that provide services – such as shops, healthcare providers, local councils, and public transport – must not discriminate against you because you are trans or non-binary. This includes refusing service, providing a lower standard of service, or harassing you.
Protection under the Equality Act includes not just direct discrimination (being treated worse because of your gender identity), but also indirect discrimination (rules or policies that disadvantage trans or non-binary people), harassment, and victimisation (being treated badly for making a complaint or supporting someone else’s complaint).
If you believe you have been discriminated against, you have the right to challenge this behaviour and seek support. Understanding your legal protections is the first step toward ensuring your rights are respected in all areas of life.
What Counts as Discrimination?
Discrimination against trans and non-binary people is unlawful under the Equality Act 2010, which protects individuals from unfair treatment because of gender reassignment – a protected characteristic under the law. Understanding what counts as discrimination can help you recognise your rights and take action if they are violated. Below, we explain the main types of discrimination relevant to trans and non-binary people, with clear examples for each.
Direct Discrimination
Direct discrimination happens when someone is treated less favourably specifically because they are trans or non-binary, or because they are perceived as such. For example, if a job applicant is rejected after disclosing that they are transitioning, and the reason is their gender identity, this is direct discrimination. The law protects you regardless of whether you have undergone any medical transition.
Indirect Discrimination
Indirect discrimination occurs when a policy or rule applies to everyone but puts trans or non-binary people at a disadvantage. This type of discrimination does not have to be intentional. For example, a workplace might require all employees to wear uniforms that are strictly male or female, with no options for non-binary staff. Even if this rule is applied equally, it could indirectly discriminate against non-binary people unless the employer can justify it as a proportionate means of achieving a legitimate aim.
Harassment
Harassment is unwanted behaviour related to gender reassignment that creates a hostile, intimidating, or offensive environment. This can include jokes, name-calling, intrusive questions, or deliberate use of the wrong pronouns. For instance, if colleagues repeatedly mock a trans employee’s appearance or identity, this is harassment under the Equality Act.
Victimisation
Victimisation happens when someone is treated badly because they have complained about discrimination, supported someone else’s complaint, or done anything else in connection with the Equality Act. For example, if you report harassment at work and are then denied training opportunities as a result, this would count as victimisation.
Unintentional Discrimination
It’s important to know that discrimination does not have to be deliberate. Sometimes, policies or actions that seem neutral can still be unlawful if they disadvantage trans or non-binary people. The Equality Act covers both intentional and unintentional discrimination, so you are protected in either case.
Recognising Overlap with Other Types of Discrimination
Trans and non-binary discrimination often overlaps with other forms of unfair treatment, such as gender and sex discrimination. Understanding the similarities and differences can help you identify all the ways your rights are protected under the law.
If you believe you have experienced any of these types of discrimination, you have legal rights and options for seeking help. Recognising what counts as discrimination is the first step to protecting yourself and taking action.
Where Discrimination Can Occur
Trans and non-binary people are protected from discrimination in a wide range of everyday situations under the Equality Act 2010. This law makes it unlawful to treat someone unfairly because they are transgender or non-binary in many aspects of life. Understanding where these protections apply can help you recognise your rights and take action if they are violated.
Common Areas Where Discrimination Can Happen
Employment:
You are protected from discrimination at every stage of employment, including recruitment, promotion, training, and dismissal. This means employers cannot treat you less favourably because you are trans or non-binary. If you’re experiencing unfair treatment at work, you can find more detailed information on workplace discrimination.
Education:
Schools, colleges, and universities must not discriminate against trans or non-binary students. This includes admissions, the way you are treated during your studies, and how disciplinary procedures are handled.
Housing:
Landlords and letting agents cannot refuse to rent to you, evict you, or treat you differently because of your gender identity. This applies to both private and social housing.
Access to Goods and Services:
Shops, banks, healthcare providers, public transport, and other service providers must not discriminate against you when providing goods or services. Whether you’re visiting a GP, booking a hotel, or shopping, you have the right to fair treatment.
Associations and Clubs:
Private clubs and associations (such as sports clubs or social groups) are also covered by the Equality Act. They cannot exclude you or treat you unfairly because you are trans or non-binary.
For a clear explanation of which organisations and situations are covered, see this guide on what counts as a public or private service. The Equality Act protects trans people of any age, regardless of whether you have legal gender recognition or have undergone any medical procedures.
What the Law Says
Under the Equality Act 2010, “gender reassignment” is a protected characteristic. This means it is unlawful for individuals or organisations to discriminate against you because you are trans or non-binary in any of the areas listed above. The law applies to both public bodies (like councils and NHS services) and private businesses.
Other Types of Discrimination
Trans and non-binary people may experience discrimination alongside other protected characteristics. The Equality Act also covers areas such as pregnancy and maternity discrimination, age discrimination, disability discrimination, race discrimination, religious or belief-based discrimination, and sexual orientation discrimination. Understanding these protections can help you identify if you are facing more than one type of discrimination.
If you believe you have been discriminated against in any of these areas, you have legal rights and options to seek support or make a complaint. Knowing where discrimination can occur is the first step to protecting yourself and ensuring fair treatment under the law.
How to Get Help If You Face Discrimination
If you believe you have faced discrimination because you are trans or non-binary, there are clear steps you can take to get help and protect your rights under the Equality Act 2010.
1. Recognise and Record What Happened
Start by making a detailed record of each incident. Note the date, time, location, what was said or done, and who was involved. If there were any witnesses, try to get their contact details. Keeping emails, messages, or any written evidence can also help support your case. Documenting discrimination is important whether it happened at work, in education, when using services, or in public spaces.
2. Seek Advice and Support
You do not have to face discrimination alone. Organisations such as Citizens Advice can help you understand your rights and what actions you can take. Their website offers practical guidance on what counts as discrimination and the steps you can follow: Citizens Advice. You can also contact equality charities for emotional support and further information.
3. Raise the Issue Informally
In many cases, it can help to raise the issue directly with the person or organisation involved. For example, if you experience discrimination at work, consider speaking to your manager or HR department. If it happens when using a service, contact the service provider. Sometimes, discrimination is due to a lack of understanding, and an informal conversation can resolve the issue.
4. Make a Formal Complaint
If the problem is not resolved informally, you can make a formal complaint. This could involve:
- Using your employer’s grievance procedure if the discrimination happened at work.
- Following the complaints process of a service provider, school, or public body.
Be sure to keep copies of any complaints you submit and any responses you receive.
5. Take Legal Action
If your complaint is not resolved, you may be able to take legal action. Under the Equality Act 2010, it is unlawful to discriminate against someone because they are trans or non-binary. You can take your case to an employment tribunal (for work-related discrimination) or to a county court (for discrimination in services or public functions). There are strict time limits for making a claim – usually within three months of the incident – so it’s important to act quickly.
6. Get Specialist Advice
Before starting legal proceedings, it’s a good idea to get specialist advice. Citizens Advice can guide you through the process, help you understand your options, and explain what to expect. They can also help you find legal representation if needed.
Facing discrimination can be stressful and isolating, but you have rights and there is support available. By documenting what happened, seeking advice, and following the right steps, you can challenge discrimination and help ensure fair treatment for everyone. For more information on your rights and practical help, visit Citizens Advice.
Summary and Further Resources
Transgender and non-binary people are protected from discrimination under the Equality Act 2010. This means it is unlawful for employers, service providers, schools, and others to treat you unfairly because you are trans or non-binary, or because you are perceived as such. Discrimination can take many forms, including being refused a job, facing harassment at work, or being denied services or healthcare. The law covers both direct discrimination – when you are treated less favourably because of your gender identity – and indirect discrimination, where policies or practices disadvantage trans or non-binary people.
The Equality Act recognises “gender reassignment” as a protected characteristic, which applies to anyone proposing to undergo, currently undergoing, or who has undergone a process to change their gender. You do not need to have any medical treatment or a Gender Recognition Certificate to be protected. Non-binary people are also increasingly recognised in legal cases and guidance, although the law uses the term “gender reassignment.”
If you believe you have experienced discrimination, you have the right to challenge it – whether that means raising the issue informally, making a formal complaint, or taking legal action. In some cases, discrimination disputes may reach the Crown Court. For more on how landmark rulings have shaped these protections, see the discussion on the Crown Court.
Understanding your rights as a trans or non-binary person is just one part of the broader protections offered by the Equality Act 2010. The Act also covers other protected characteristics. You may wish to explore related topics to see how the law applies in other contexts, such as age discrimination, disability discrimination, gender and sex discrimination, pregnancy and maternity discrimination, race discrimination, religious or belief-based discrimination, and sexual orientation discrimination.
By learning about these related areas, you can gain a fuller understanding of your rights and the steps you can take if you face discrimination. If you need further help, consider seeking advice from a specialist or support organisation, and remember that the law is there to protect you.
