As a trans person in the UK, you’ve got some important rights under UK law we think every trans person should know about.
Safety from discrimination
Under the Equality Act 2010, you have a right to not be unlawfully discriminated against, harassed or victimised because you are trans.
Trans people are generally protected from discrimination on the ground of ‘gender reassignment’. You can read more about what this means on our Equality Act page.
If you are treated less favourably by an employer or service provider because you have the protected characteristic of ‘gender reassignment’, this is discrimination. Whether this discrimination is “unlawful” will depend on a variety of factors.
Personal details
Many trans people want to update their their personal details (such as their name, gender, and title) on their identity documents and in records held about them by organisations. This information could be considered personal data under the UK General Data Protection Regulations.
Organisations that collect and use your personal data must ensure that it is:
- adequate
- relevant
- limited to what is necessary to their processing purpose
- complete
- and accurate (though the UK GDPR does not define the term accuracy, the Data Protection Act 2018 states that personal data is inaccurate if it is incorrect or misleading as to any matter of fact).
People have the right to request that organisations erase or rectify erroneous data that relates to them – which could include the data about their name, gender, or title – and organisations must do this within a month.
Those who apply for a Gender Recognition Certificate will gain further rights under the Gender Recognition Act 2004 in respect of how their data is used.
Getting medical treatment
You have the right to go to your GP and discuss your gender-related healthcare needs. If you do, you have a right to be treated fairly and equally.
If you request a referral to a Gender Identity Clinic (typically via your GP), this has to be accommodated if you meet the relevant criteria. You cannot be refused by a GP on the grounds of their own morals or beliefs.
If you are refused a referral, you should request that it is put in writing, with reasons. A second opinion can be sought from an alternative GP.
You also have the right to access private medical services that help you explore your gender and gender dysphoria should you be experiencing this.
Being heard
You have the right to speak to your elected representative about your experiences and concerns. This might be your MP, your MSP or MS, or your local councillors.
Reporting hate crime
You have the right to make a report to the police if you think that you have been victim to a hate crime or incident. There are particular rules around when a crime or incident is considered “hateful”. Briefly, it is when the act is considered to be motivated by hostility or prejudice based on your trans identity or other protected classes.
When reporting, you should explain as clearly as possible (with evidence, should you have it) why you consider it to be a hate crime or incident, to ensure it is considered within this context.
If you’d prefer not to speak to the police about what you experienced, you can also get in touch with specialist organisations that can help you.
If your rights aren’t respected
If you do not think your rights have been respected, you have the right to escalate your concerns. If the wrong is not put right following you raising the issue, you may want to consider taking formal action – independent advice should be obtained if so.
Where you go first for help will depend on where the problem happened. Here are some places you could start:
- problems at work: speak to ACAS or your union if you are a member
- problems with the NHS: read our page on dealing with medical problems
- with getting your personal details updated: complain to the organisation that isn’t updating your details, and if you are still having problems, the Information Commissioner’s Office
- hate crime: speak to GALOP
- where you need legal advice: see our Legal Advice page for details of organisations that could help you
- other problems: speak to Citizen’s Advice
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