In this recent case, a transgender woman claimed that, because her employer had deadnamed her – a term used when someone refers to a trans person by the name they had used before a gender reassignment, she'd been harassed due to her transgender identity. Based on the facts of the case, her claim was denied by the Employment Tribunal.
Mandie Monroe v Central Bedfordshire Council – The Facts
The claimant in this case was a transgender woman, who was employed by the council in 2022. On her application form, she used the name Andy Mason, and was referred to as such in the job interview. Once hired for the position, she informed a colleague that she was in the early stages of gender reassignment, and that others could refer to her as Andy or Mandie without her taking offense. Furthermore, she used the name Mandie on her email signature, but retained the name Andy in her email address.
During a video call meeting, Ms Hibbins – a work colleague of Mandie, asked her what name she would like to use on the work rota. The claimant did not respond, instead choosing to stand up to show her colleague that she was wearing a long skirt and top. Ms Hibbins interpreted this to mean that the claimant wanted to be named Mandie on the rota.
A few days later, Mandie’s line manager, Naomi Rodriguez, explained that - while she was free to use any name she wished, they needed more consistency for the benefit of staff and customers. The claimant replied saying she was happy to be referred to as Andy while at work, but preferred Mandie outside of that. She was also happy to be addressed as either him or her.
After the rota was prepared – in which the claimant was named Mandie, Ms Rodriguez notified Ms Hibbins that the claimant should be referred to as Andy on future rotas to avoid confusion.
Mandie Monroe v Central Bedfordshire Council – The Claim
Later, the claimant’s employment with the Council was terminated due to unrelated matters. As a result of this, Ms Monroe issued various proceedings against Central Bedfordshire Council – including a claim for harassment due to her gender reassignment. She argued Ms Rodriguez had harassed her by stating that it was confusing to have her on the rota as Mandie while her emails used her birth name, as well as by asking Ms Hibbins to utilise the name Andy on the work rotas.
As far as law is concerned, individuals are protected under the Equality Act 2010 if they have a protected characteristic of a gender reassignment. This applies whether the person had simply proposed to have such a change or if they are already undergoing a process of reassignment. In such cases, an employee is protected against harassment – defined as:
“Any unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating a person’s dignity, or creating an intimidating, hostile, degrading, humiliating, or offensive environment for that person.”
Mandie Monroe v Central Bedfordshire Council – The Decision
The Employment Tribunal (ET) held that the claimant was not harassed on the grounds of her gender reassignment. In reaching this decision, the ET cited the following reasons:
- Ms Rodriguez’s conversation with the claimant to explain that the use of both names was confusing to the customers was not ‘unwanted conduct’.
- Ms Rodriguez simply asked how the claimant wanted to be known, and did not seek to influence this decision.
- The claimant had chosen to be referred to as Andy in her initial application form and job interview, and had indicated to colleagues that she did not mind which name was used.
- Most importantly, the claimant also confirmed with Ms Rodriguez that she wished to be called Andy at work after she had sought clarification.
- Ms Rodriguez’s act of seeking clarification – and the subsequent name change on rotas, was not conduct that amounted to harassment. It did not create an intimidating, hostile, humiliating or degrading environment.
Professional HR Support
The claimant did not raise any concerns while she was employed at the Council, and only took offence after her employment was terminated for other reasons. Employers are reminded that when they are presented with gender reassignment situations, they seek professional advice to handle the matter correctly, and avoid any immediate or long-term employment claims.
This article is for informational and educational purposes only and should not be relied upon as legal advice. If you require assistance with navigating gender reassignment issue, or simply wish to get some additional guidance on this, please do not hesitate to contact the Quest Advice Line Service for free on 0116 274 9193.
