Check if a business has discriminated against you because you’re transgender

This page has been updated after the Supreme Court ruling

In April 2025, the Supreme Court ruled that in the Equality Act sex means ‘biological sex’ - this means your registered sex at birth.

We’ve updated this page based on the ruling, but it’s still unclear how the ruling will be applied. We’ll update our advice when the Equality and Human Rights Commission (EHRC) publish new guidance.

The Supreme Court’s decision doesn’t affect the protected characteristic of gender reassignment. This means you’re still protected from discrimination because you’re trans.

Businesses and services aren’t usually allowed to treat you differently because you’re transgender. The law that says this is the Equality Act 2010.

The Equality Act says businesses can’t discriminate against people because of things like their age and race. These things are called ‘protected characteristics’.

As a trans person, you have the protected characteristic of ‘gender reassignment’.

Gender reassignment means you:

• are planning to transition from the sex you were assigned at birth to a different sex

• are in the process of transitioning 

• have already transitioned

Transitioning could include things like changing your name, pronouns or the way you dress - you don’t need to have had medical treatment or a gender recognition certificate.

If you’re non-binary

‘Non-binary’ describes people who don’t identify as a man or a woman. 

The law says you have the protected characteristic of gender reassignment if you’re transitioning between sexes. It doesn’t mention gender or gender identity. 

If you want to take a business to court for discrimination, you might still be able to show the protected characteristic applies to you.

A non-binary person successfully argued they had the protected characteristic of gender reassignment at an employment tribunal in 2020. 

The judge at the tribunal said the characteristic should include people transitioning away from their assigned sex - even if they aren’t going to transition to a different sex.

Other courts don’t have to follow this decision - it's up to the judge on your case to decide if the protected characteristic of gender reassignment applies to you.

Make sure your solicitor knows about this case if you decide to take a business to court for discrimination. The name of the case is Ms R Taylor v Jaguar Land Rover Ltd. You can read the full employment tribunal decision on GOV.UK. 

You can read why the judge decided non-binary people have the protected characteristic of gender reassignment in paragraph 178 of the 'Reasons' document.

If a business refuses to serve you

If a business is providing a single-sex service, the Equality Act allows them to exclude people based on sex. The rules are different for mixed-sex and single-sex services. The definition of sex under the Equality Act is your registered sex at birth. 

A mixed-sex service is a service that’s open to people of any sex, at the same time and in the same way - for example a restaurant or public swimming pool. Most services are mixed-sex.

A single-sex service is a service that’s provided to people of one sex - for example, a refuge for women who’ve experienced domestic abuse.

If a mixed-sex service refuses to serve you because you’re trans or they think you’re trans, they have discriminated against you.

If you're excluded from a single-sex service

A business might be able to exclude you from a single-sex service, even if you have a gender recognition certificate (GRC). 

If a business needs to determine your registered sex at birth, the law is unclear how they should do this whilst protecting your rights, like your right to privacy. The Equality and Human Rights Commission (EHRC) are currently updating their guidance - we’ll update our advice when it’s published.

If a business asks about your sex, they should do this in a respectful and private way. They shouldn’t ask you to show them a GRC. 

If a business excludes you, they have to show that having a single-sex service is justified under the law. 

If the business makes you feel intimidated or humiliated, it might be harassment - this is a type of discrimination. Businesses are never allowed to harass you. Check what to do if you've been harassed by a business.

If you have a gender recognition certificate 

If a business asks for evidence of your legal sex, you can use your birth certificate. You shouldn’t need to show your gender recognition certificate (GRC).

If they ask to see your GRC, this might be discrimination - they’re treating you differently from other people because you’re trans. 

It’s illegal for businesses to tell other people you’re trans without your consent - they could get a fine of up to £5,000. You can find out more about your right to privacy as a trans person on the Galop website.

Services for trans people

In some situations, businesses can offer a service to people who share a protected characteristic to help them overcome disadvantage. This is called 'positive action'. 

For example, many trans people avoid swimming because they're worried about discrimination. A leisure centre could offer weekly swimming sessions for trans and non-binary people only, to help them overcome this disadvantage.

If you need to use a service that doesn’t match your gender

You might need to use a service that doesn’t match your gender identity. For example, a trans woman might need a prostate exam at a clinic advertised for men or a trans man might need to use postnatal services advertised for women.

If the business doesn’t offer the service to you in a way that protects your dignity and privacy, it might be discrimination.

If you’ve been discriminated against

If you think a business has discriminated against you because you’re trans, there are things you can do to take action against them. For example, if you think the business has broken the Equality Act, you could take them to court.

You can take action even if the business hasn’t broken the Equality Act - for example, you could make a complaint.

You can:

• check what type of discrimination it is

• check what action you can take - for example, making a complaint or going to court

• check if you can get legal aid on GOV.UK - if you want to take legal action

Get more help

If a business has refused to serve you or made you feel unwelcome because you’re trans, you can:

• call the Equality Advisory Support Service helpline to get more information about discrimination

• find groups that support trans people on the NHS Gender Identity Clinic website

• get support from an organisation that supports trans people on the Good Law Project website