Trans Postal Worker Wins Discrimination Payout After Being Sexually Harassed By Co-workers – A Legal First In The UK
The tribunal noted Sophie Cole as a “female victim” despite the Supreme Court definition of woman as based on biological sex.
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Sophie Cole, 46, a trans postal worker for the Royal Mail was awarded £12,500/$16,600 in damages after an employment tribunal found that she was bullied and harassed by two employees. The outcome of the case has been garnering attention, not only for that award, but because she was able to prove that the perps saw her as a woman, and was recognized as such by the judge.
The Cambridge resident has been living as a trans woman since 2016. She joined the Royal Mail in 2017, primarily working on the collections team. After experiencing “transphobic abuse,” Cole had reported the episodes to the Royal Mail but claimed her complaints were not taken seriously. The incidents included name calling, physical assaults, and car vandalization — one colleague even tried to imitate her voice in a falsetto tone.
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So earlier this year, Cole filed a complaint with the employment tribunal, which looks at legal disputes between employees and employers in England and Wales. Cole represented herself at the tribunal in Bury St Edmunds.
Her claim of harassment on the basis of her gender reassignment was met with some success: an award of £12,500 in damages, including £2,000 for aggravated damages on one ground of sexual harassment and direct discrimination on the grounds of sex. Judge Sarah King also ruled that Cole’s colleagues and managers should undertake grievance training and also that she should no longer have to work with one instigator, Nick Cavanagh.
The outcome has been viewed as a “legal first” given that, earlier this year, the Supreme Court determined that the definition of “woman” in the 2010 Equality Act referred strictly to “biological sex” assigned at birth. The interpretation of the terms “woman” and “sex” was seen as a significant setback among some scholars and stakeholders at the time. It is a win from the human rights perspective, that the employment tribunal judge saw this “female victim” as a woman and issued justice accordingly.
“I know not everyone is pro trans and I am not looking for supporters,” Cole said, following the verdict per Daily Mail. “I am just trying to live my life and did not do anything to provoke any of this.”
