11 June 2007
Transsexual wins right to anonymity at tribunal
A transsexual civil servant, who feared violent recriminations would result from publicity, has won the right to have her name removed from the Office of Industrial Tribunals' register.
The male-to-female transsexual had initially pursued legal action in 2004, alleging she had been the victim of discrimination.
After a hiatus in the hearing, proceedings resumed in 2005 whereupon she decided she did not wish to continue with the action citing fear of attack.
However, in April 2005, the tribunal dismissed her requests that she was not included in the register and that the press refrain from reporting the details of the case.
At the new hearing in the Court of Appeal in Belfast, the earlier ruling was overturned by Lord Justice Campbell in what is regarded as a landmark decision.
Although conceding that the literal meaning "of the regulations and rules do not give an industrial tribunal or chairman the power to order that an entry in the register be deleted", he ruled that because the claimant was fearful of recriminations the rules contravened Europe's Equal Treatment Directive.