Requests for changes to hours of work or flexible working relating to a worker's gender reassignment

If your request to work flexibly is because you propose to undergo, are undergoing or have undergone gender reassignment, your employer should consider your request on the same basis as they would consider any similar request which was not made under the right to request flexible working.

Employers should not refuse a request or treat it less seriously because it is being made by a transsexual person.

For example:

A transsexual person asks their employer if they can compress their working hours into 9 days out of every 10. This is so that on the tenth day they can attend an appointment related to the process of gender reassignment. The employer decides to agree to the request. This is because they have looked at their organisation’s needs and would have agreed such a request if it had been made by someone who was not undergoing gender reassignment. If they had refused because the worker is a transsexual person, this would be direct discrimination because of gender reassignment.

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Last Updated: 25 Jul 2010