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Employment Rights of The LGBTI Community

Speaker: Richard O'Dair
Chambers: 36 Group

Inclusion and diversity are at the heart of everything we do at Law Friends, and here we are delighted to welcome The 36 Group’s Richard O’Dair to talk about employment law rights and the LGBTI community, paying particular attention to those people who identify as gender fluid and transgender employees. Using expert knowledge and case law, Richard looks at:  

  • Does Section 7 Protect those who are gender fluid?
  • Issues arising from P v S and Cornwall County Council [1996] ILR 347
  • Does the Equality Act prevent discrimination against the non-trans community?
  • Is the discrimination because of the protected characteristic of a person other than the claimant? 
  • Does a transgender employee have a right not to be misgendered?
  • Do the transfluid have the right to use the changing rooms of their chosen gender?
  • What difference does Brexit make?

Relevant law

Employment Rights Act 1996

Equality Act 2010

Forstater v CGD Europe [2021] UKEAT/ 0105/ 20/ JOJ

Taylor v Jaguar Rover Ltd [2020]

P v S and Cornwall County Council [1996] ILR 347

Richard O’Dair specialises in employment law and human rights, representing both employers and employees.

Richard has appeared in a number of important cases including the case of Seldon v CJW in the Supreme Court [2012] and more recently cases about freedom of religion in the workplace.

As an employment lawyer, Richard has appeared in the Employment Tribunals, the Employment Appeal Tribunal, the High Court, the Court of Appeal and the Supreme Court. He has been involved in making an application to the ECHR. His particular interests are discrimination law, whistleblowing and the influence of human rights on the law of unfair dismissal.