Part 2

Equality: key concepts
Chapter 2

Prohibited conduct

Discrimination

Gender reassignment discrimination: cases of absence from work
16
1
This section has effect for the purposes of the application of Part 5 (work) to the protected characteristic of gender reassignment.
2
A person (A) discriminates against a transsexual person (B) if, in relation to an absence of B's that is because of gender reassignment, A treats B less favourably than A would treat B if—
a
B's absence was because of sickness or injury, or
b
B's absence was for some other reason and it is not reasonable for B to be treated less favourably.
3
A person's absence is because of gender reassignment if it is because the person is proposing to undergo, is undergoing or has undergone the process (or part of the process) mentioned in section 7(1).