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The Sex Discrimination (Gender Reassignment) Regulations 1999 made it illegal to discriminate against a person who intends to undergo, is undergoing or has undergone gender reassignment.
The introduction of the Gender Recognition Act 2004 has developed this area of law offering more security to transgender people. The aim of the Act is to give transgender people legal recognition in their acquired gender. A Gender Recognition Certificate will be issued by a Gender Recognition Panel. Before a Certificate can be issued, the Panel need to be satisfied that the applicant:-
-Is over 18 years of age
-Has, or had, gender dysphoria
-Has lived in acquired gender for two years
NB Medical evidence will be required to prove this.
If a person has been living in the acquired gender or longer than 6 years the application process for certificate is slightly different.
-Intends to continue living in the acquired gender until death.
Once a Gender Recognition Certificate is issued, the person will be entitled to a new birth certificate reflecting the acquired gender. A person will then be entitled to marry a person of the opposite gender to his or her acquired gender.
The Gender Recognition Act has imposed a ban on disclosure of information relating to a persons application for certificate or gender history, therefore a person who has a certificate does not have to disclose their past to anyone. There are exceptions to this rule, in some instances it is lawful to disclose such information but only exceptional circumstances.
The Sex Discrimination (Amendment of Legislation) Regulations 2008 adds protection from discrimination to transgender people in the provision of goods, services, facilities and Premises.
Disclaimer
*This is information does not constitute legal advice
