Workplace Harassment: When Colleagues Question Your Gender

—

by

Sean Curran
in

If you are stuck in such a situation, here is what to do.

My name is Alex, and I recently started a new job at a tech firm, “Innovate Digital,” in the city of Northwood. Being new, I was keen to make a good impression. However, a couple of incidents have left me feeling deeply uncomfortable and disrespected. After a team briefing last week, a senior colleague, Brenda, whom I had barely spoken to, cornered me. After a brief introduction, she asked bluntly, “Are you a man or a woman?” I was taken aback. I answered her, but the question felt invasive and unprofessional in a work setting. I have a gender-nonconforming appearance and am used to some curiosity, but her directness was jarring.

A few days later, I was assisting a client, Mr. Smith, with a technical query. As I was concluding the session, he abruptly asked the same question. His business partner was with him, and it was clear from their exchange that they had been discussing my appearance. It made me feel reduced to an object of curiosity rather than being seen as a professional valued for my skills. These experiences are starting to accumulate, making me feel devalued and wondering if this kind of questioning constitutes harassment under UK law and what, if any, recourse I have.

Advice in such cases

Dealing with such situations can be distressing. It is important to handle it systematically to protect your well-being and professional standing.

  • Keep a Detailed Record: Write down every incident as soon as it happens. Note the date, time, location, what was said, who was present, and how it made you feel. This contemporaneous record is invaluable evidence.
  • Review Company Policy: Look for your employer’s grievance procedure and their equality and diversity or anti-harassment policy. This will outline the internal steps for raising a complaint.
  • Informal Resolution: If you feel safe and comfortable, you might consider speaking to the individuals involved, explaining that their questions are inappropriate and unwelcome. However, you are not obliged to do this.
  • Formal Complaint: Report the incidents to your line manager or the Human Resources (HR) department in writing. Stick to the facts as you have recorded them. Your employer has a duty of care and should investigate the matter.
  • Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of 100 GBP to 400 GBP depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored.

Applicable Sections of Law

The primary piece of legislation that protects you in this scenario is the Equality Act 2010, which applies throughout the UK (including England, Wales, and Scotland).

  • Protected Characteristics: The Act protects individuals from discrimination based on certain “protected characteristics.” In this case, the relevant characteristics could be ‘sex’ and ‘gender reassignment’. It is important to note that you do not have to be transgender to be protected under the gender reassignment characteristic; you are protected if you are harassed because someone perceives you to be transgender, whether you are or not.
  • Harassment (Section 26 of the Equality Act 2010): The conduct you described likely falls under the definition of harassment. Harassment is defined as “unwanted conduct related to a relevant protected characteristic” which has the “purpose or effect of violating an individual’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual.”
  • Employer’s Liability: Employers are vicariously liable for acts of harassment carried out by their employees in the course of their employment. They may also be liable for harassment by third parties (like clients or customers) if they have not taken reasonable steps to prevent it, especially after becoming aware of it.

If you are the complainant

As the person who has experienced this behaviour, you should take structured steps to address it. First, raise a formal grievance with your employer. This puts them on notice and obliges them to investigate. If the employer fails to address the situation satisfactorily, or if their investigation is inadequate, you may have grounds to bring a claim to an Employment Tribunal. It is crucial to be aware of the strict time limits: a claim for discrimination or harassment must generally be lodged with the tribunal within three months (less one day) of the act complained of.

If you are the victim

Feeling like a victim can be disempowering, but UK law provides a framework for you to regain control. Focus on the facts and the impact the behaviour had on you. The law considers the victim’s perspective when determining if the conduct created an offensive environment. Your feelings of being disrespected and devalued are central to a harassment claim. Following the formal procedures, both internally with your employer and externally with legal advice, is the most effective way to seek a remedy.

How the police behave in such cases

In most instances, situations like this are civil matters handled by the Employment Tribunal, not the police. The police would typically not get involved unless the conduct escalates to a criminal offence. For example, if the questioning was accompanied by threats of violence, or if the behaviour became a persistent campaign of targeted harassment, it could potentially fall under the Protection from Harassment Act 1997 or the Public Order Act 1986. However, for isolated or periodic questions in a workplace context, the appropriate route is through employment law.

FAQs people normally have


  • What evidence is required?
    Evidence is key. The most powerful evidence is a detailed diary or log of incidents. Other forms include emails or messages in which you raise the issue, witness statements from colleagues who may have seen or heard the incidents, and any formal correspondence with your HR department or manager.



  • How long will the investigation take?
    An internal investigation by your employer should be completed within a reasonable timeframe, often a few weeks, but this varies depending on the complexity. If you proceed to an Employment Tribunal, the process is much longer and can take many months, or even over a year, to reach a final hearing.


Advocate Sudhir Rao, Supreme Court of India

Rate this post