LS v NHS England Heard | Leeds Employment Tribunal

1. The claimant’s complaint of indirect discrimination in relation to sex under section
   19 of the Equality Act 2010 succeeds and is upheld.
2. The claimant’s complaints of indirect discrimination in relation to:
   2.1 religious belief; and
   2.2 disability;
   fail and are dismissed.
3. The Tribunal reached the following conclusions on the claimant’s complaints of
   harassment under section 26 of the Equality Act 2010:
   3.1 Allegation 1 – the respondent’s policy of permitting trans women to use
   female only facilities: the claimant’s complaint of harassment related to sex
   and to gender critical belief succeeds and is upheld;
   3.2 Allegation 2 – the respondent’s Trans Equality Procedure:
   3.2.1 the claimant’s complaint that the Trans Equality Procedure had the
   purpose of violating her dignity or creating the Proscribed
   Environment on the grounds of her gender critical belief fails and
   is dismissed;
   3.2.2 the claimant’s complaint that the Trans Equality Procedure had the effect of violating her dignity or creating the Proscribed Environment on the grounds of her gender critical belief succeeds and is upheld.

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