This means that a trans woman who does not hold a Gender Recognition Certificate is legally male and is treated as a man for the purposes of the sex discrimination provisions, and a trans woman with a Gender Recognition Certificate is treated as a woman. Under the Equality Act people are protected from sex discrimination on the basis of their legal sex. Trans people are legally protected from discrimination from the moment they propose to change their sex. There is no requirement for a trans person to have any kind of medical supervision or intervention, nor to have a Gender Recognition Certificate, in order to be protected from gender reassignment discrimination. A trans person who does not have a Gender Recognition Certificate retains the sex recorded on their birth certificate for legal purposes.Ī person has the protected characteristic of gender reassignment if they are proposing to undergo, are undergoing or have undergone a process (or part of a process) to reassign their sex by changing physiological or other attributes of sex ( Equality Act 2010, Section 7 (1)). A trans person can change their legal sex by obtaining a Gender Recognition Certificate through procedures set out in the Gender Recognition Act 2004. ‘Sex’ is understood as binary – being male or female – with a person’s legal sex being determined by what is recorded on their birth certificate, based on biological sex. In the Equality Act 2010 the protected characteristic of sex protects people from being discriminated against because of being a man or a woman ( Equality Act 2010, Section 11) – defined as a male or female of any age ( Equality Act 2010, Section 212 (1)). It is an important part of our role to explain how the law works in practice. As the statutory regulator charged with upholding equality and human rights laws and standards, we protect all people in Britain against discrimination on the basis of protected characteristics.
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