A transgender woman has won a significant legal victory against the NHS after an employment tribunal found she was asked ‘unnecessary and invasive’ questions about her gender identity during a job interview.
Sandie Pegge, 58, took legal action against the NHS after she was quizzed about her transition and personal life while applying for a role as a psychological wellbeing practitioner in Kent. The tribunal ruled that the questioning was ‘irrelevant’ to her ability to perform the job and amounted to harassment under the Equality Act 2010.
Details of the Case
Ms Pegge, who transitioned in 2016, was asked during her interview whether she had undergone gender reassignment surgery and how her family had reacted to her transition. The tribunal panel, chaired by Employment Judge Beth Upton, described the questions as ‘highly personal’ and noted they would not have been asked of a non-transgender candidate.
The ruling stated: ‘The questions went far beyond what could reasonably be considered relevant to the role. They were intrusive and served no legitimate purpose in the recruitment process.’
NHS Response
The NHS Trust involved has apologised to Ms Pegge and stated it is reviewing its recruitment policies to ensure such incidents do not occur in future. A spokesperson said: ‘We fully accept the tribunal’s findings and are committed to creating an inclusive workplace for all staff and applicants.’
This case highlights ongoing challenges faced by transgender individuals in the workplace and sets an important precedent for how employers should conduct interviews with transgender candidates.
