How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46790
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

I have a store and one of my assistants asked a customer if

Customer Question

I have a store and one of my assistants asked a customer if she could help him. He was dressed as a man and there was no indication of anything untoward. It turns out the person was a transgender woman and she is now taking a claim for discrimination against me for being called "Sir". Surely this is mad. What defence do I have ?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Where has the claim been made?
Customer: replied 1 year ago.
In Jersey
Expert:  Ben Jones replied 1 year ago.
We do not have advisers who specialise in Jersey law unfortunately. I can advise on UK law which would be similar but cannot guarantee the application in Jersey. Do let me know how you wish to proceed?
Customer: replied 1 year ago.
Hmm .. ok . If you can give me details of how this might be viewed in the UK and any cases which might be relevant I'll try and do some research.
Expert:  Ben Jones replied 1 year ago.
Gender reassignment is one of nine "protected characteristics" covered by the Equality Act 2010. Under section 7(1) of the EqA 2010, a person has the protected characteristic of gender reassignment if the person is: "proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person's sex by changing physiological or other attributes of sex." Under the EqA 2010, the following acts are unlawful:· Discrimination.· discrimination.· Harassment.· Victimisation. Discrimination occurs where, because of gender reassignment, a person (A) treats another (B) less favourably than A treats or would treat others. Harassment related to gender reassignment takes place when both:· A engages in unwanted conduct related to gender reassignment.· That conduct has the purpose or effect of: violating B's dignity; or creating an intimidating, hostile, degrading, humiliating or offensive environment for B. Victimisation would not be relevant here. So whilst the person can try and argue that being called Sir was degrading, humiliating, offensive and so on, whether they have a valid claim would depend on the circumstances of the case. Was the remark made to insult or injure the person? Was it clear that they were making such a remark to a transgender person? These are the thing a court would look at. In this case I do not see a court agreeing that this was a malicious or actionable claim because it was not in any way clear that this was a transgender person and as they were dressed as a man there would have been nothing to indicate their gender was different. I think this is just an opportunistic claim. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
Thank you Ben. Are you aware of any UK transgender cases I can look at? I too believe it is an opportunist claim but I still have to defend it !
Expert:  Ben Jones replied 1 year ago.
Found one which is somewhat relevant:
Chapman v Chief Constable of Essex Police ET/3200488/13 concerned a police officer with long-standing service who is male to female transgender. She complained on three occasions of being mistakenly identified as male over a police radio. The operators did not know that she was transgender and she accepted that she has a deep voice. An employment tribunal rejected her harassment claims, considering that the stresses in her life which were likely to make her over-sensitive; she was unreasonably prone to take offence when her identity was questioned. It was not reasonable for her to feel harassed by this conduct and any female officer with a deep voice would have been treated the same.
However as you can appreciate the laws are all quite recent so there will not be much in terms of case law as it takes years for that to become more esablished
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46790
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you Ben, that is really helpful. If I need further advice in the future on this can I request you?Kind regards ***** ***** June
Expert:  Ben Jones replied 1 year ago.
Yes of course, you can start your question with Hi Ben or something similar as long as my name is ***** ***** and it will get to me. All the best
Customer: replied 1 year ago.
Thank you .. much appreciated.
Expert:  Ben Jones replied 1 year ago.
No worries all the best

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice