Transgender discrimination

Case 15: The facts

An NHS employee was concerned that on her death her partner would not be entitled to her NHS survivor's pension, solely because they could not marry under UK law.

The opinion

In the opinion of the Advocate General, pension fund rules have to be interpreted to give the survivor of a partnership, in which one is a postoperative transsexual, the right to the pension if the pension would have been available had they been married, but were prevented by law. The ECJ will rule on the claim later this year.

* KB v The NHS Pensions Agency and the Secretary of State for Health C-117/01

The Court of Appeal has upheld the ruling in the Croft case (see Bargaining Report, January 2003). It was not disciminatory for arrangements to be made for an employee to use the disabled persons' toilets (rather than the women's toilets) during a temporary period while gender assignment had not been concluded.

* Croft v Royal Mail CA: A1/2002/2092