Transgender worker loses harassment claim over ‘deadnaming’

A transgender worker has lost her claim that she was harassed when she was ‘deadnamed’ on the staff rota.

Jennifer Cafferky Solicitor in our employment team, reports on this recent case.

Deadnaming means using the name a transgender person was given at birth instead of the name they adopt after transitioning.

The case involved Mandie Monroe, a trans woman who worked for Central Bedfordshire Council.

On the application form for the position of housing officer, she used the name Andy, and throughout the interview she was referred to as Andy.

Near the end of the interview, she disclosed that she was transgender. She was asked by the interviewer, Ms Brown, which were her preferred pronouns moving forward. According to Brown the response was: “I am old school. I don’t really focus on those pronouns. I am a cross-dresser sometimes you might see me in a dress, but you can call me Andy”.

She was thanked by Ms Brown for her honesty and, as instructed by her, Ms Brown addressed her by the name of Andy.

She was appointed to the position but was later dismissed for reasons unrelated to her gender. She then brought a claim of harassment related to transgender on the basis that she had asked to be referred to as she/her or they/them.

She also claimed that on the rota she appeared as Andy, not Mandy, because the council wanted to avoid confusion with customers.

The Employment Tribunal dismissed her claims.

It said it accepted the council’s evidence that she had made it clear at the interview that she didn’t mind which pronouns were used.

If you would like more information about the issues raised in this article or any aspect of employment law please contact Jennifer on 01228 516666 or click here to send her an email.