Article | Diversity and Inclusion- How not to do it

Lessons from the Case of Taylor v. Jaguar Land Rover (2018)


This case is likely to be remembered as the first time a UK employment tribunal found that the protected characteristic of ‘gender reassignment’ includes persons who identify as non-binary and gender fluid (and probably opened the door for other complex gender identities).  The tribunal’s finding on those matters is at paragraphs 165 to 178 of the judgment and it is likely that these (and the relevant sections from Hansard referred to therein) will be the most quoted paragraphs in future.

However, the case also is useful in another way.  In setting out the clearest failures in dealing with Diversity and Inclusion (D&I) that this barrister (and apparently the tribunal) has seen in 25 years of legal practice, the case may serve as notice to poor employers about what can happen when an employment tribunal shines a light into such dark corners, provide comfort for good employers that they are doing the ‘right thing’ and show employees how they are protected by the work of employment tribunals.  In their concluding remarks the tribunal said:

‘We had not seen a wholesale failure in an organisation of this size in our collective experience as an industrial jury.’ [227]


‘We thought it was astounding that there was nothing in the way of proper support, training and enforcement on diversity and equality until the Claimant raised the issue in 2017 bearing in mind how long the legislation has been in force.’[227]

[Numbers in square brackets are paragraph numbers from the tribunal’s reasons.]

The is an important caveat to introduce before setting out the failures.  The events examined by the tribunal and referred to in this article took place in 2017 and 2018.  At the tribunal, at least by the time of the remedy hearing in October 2020, Jaguar Land Rover (‘JLR’) accepted the depth of their difficulties and willingly took upon themselves recommendations designed to transform the D&I position at JLR.  I am informed that such steps have been underway since 2019 and that much effort is being put into these matters at JLR.  I look forward to writing a different article in a few years’ time setting out the transformation of D&I achieved at JLR and the benefits for the workforce, company and the whole West Midlands community.

So turning to the failures:

Show commitment to D&I

‘the Respondent’s complete lack of commitment to diversity and inclusion’.[79]

‘…the Respondent values its employees’ ability to perform their key roles far more than their personal welfare and wellbeing.’[227]

If you have D&I Structures, ensure they are active and effective

The Diversity Council or Committee ‘is no longer in existence or is entirely moribund’ [7].  The Claimant had been informed that the Cttee ‘didn’t really do anything but could not be god rid of for political reasons’[7].

‘…there was no visible group representing the interests of LGBT+ people..’[15]

‘…sadly apparent… there were no ERG/networks at all.’ [17]

‘…no support mechanisms for staff with protected characteristics…’[17]

If you have policies, make sure relevant staff know about them

‘All of the Respondent’s witness thought there must be (an Equal Opportunities Policy), but none of them had actually seen it’ [8].

‘…although the Respondent has a very good policy, none of those supposed to be implementing it, knew of it.’[162]

If you have policies, train relevant staff on them.

‘All of (the Respondent’s witnesses) appeared to be confused between the Dignity at Work policy … and equality and diversity issues’[9].

‘The sad truth, as this case clearly demonstrates, is that no steps were taken to implement (the equality policy) or bring it to the attention of employees or managers’[9].

‘There was no evidence whatsoever that the managers who gave evidence, or indeed anyone else working for the Respondent had been trained on the Dignity at Work policy’[14].

‘Given that the Respondent had some policies but did little or nothing to publicise or implement them’.[215]

If you have policies, use them

‘he did not look at the procedure’[14].

If you are a large organisation, have relevant experts / points of contact / support for managers

‘… no person designated to deal with diversity and equality issues.’[17]

‘Claimant was dealing with at least four people..’[41]

‘..the Respondent did not engage a specialist…’ [57]

‘Clearly this was not appropriate advice..’[23]

‘The Respondent did not give them the tools or support to deal with a situation such as this…’[226]

‘The advice from HR was woeful’. [226]

Common humanity is a good starting point for managers as a guide to good behaviour…

‘Claimant was told ‘not to be sensitive’ (about comments which amounted to unlawful harassment) [40].

‘What else would you want them to call you’ (in response to C reporting a discriminatory remark) [43].

‘(her line manager) described her as ‘not normal’…’[22]

‘(her line manager’s) response was to laugh at her…’[137]

Be proactive

‘…and nothing was done to nip it in the bud.’ [55]

‘There was nothing (in a grievance response) about the fact that the Claimant was still being subjected to abusive treatment’ [73].

‘..hardly constituted a strong message about the importance of dignity and respect in the workplace’[78]

‘..the Claimant had raised the issue on numerous occasions and nothing had been done’.[120]

‘…wholly unclear that any further investigation was carried out…’[130]

‘The Respondent’s complete failure to protect the claimant from unacceptable harassment.’[132]

‘the Respondent’s total and abject failure to protect her from harassment.’[222]

Do not treat discipline (relying on the identification of perpetrators by victims) as the only possible response to instances of discrimination.

‘There were other ways of sending a clear message that such behaviour is unacceptable and would not be tolerated’[11] .

Deal with causes not symptoms

‘Occupational Health could not deal with the cause, i.e., a sustained course of wholly unacceptable harassment in the workplace’[12].

And a selection of comments you would NOT want to hear being made by the tribunal about your case / your actions / your evidence:

‘Sad truth’… ‘A considerable surprise’…’offensive and unsupportive’…’unproductive and unhelpful’… ‘set off alarm bells’…’no meaningful action’… ‘ a very unhelpful approach’… ‘the Claimant was not supported as an individual’… ‘bland and aspirational’…’ no real value was attached to her as a human being’…’stark contrast’… ‘fanciful’…’a particularly distasteful line of questioning’…’uncomfortable and unpleasant to listen to’… ‘truly unacceptable thing to say’… ‘Hindsight did feature prominently in the Respondent’s evidence in this case.’ ‘…it highlights real and avoidable shortcomings’…’wanton disregard’…’We did consider it to be suspicious’…’surprising, to say the least…’found it hard to believe’…’the argument was totally without merit’…’unattractive, to say the least’…’In this day and age such treatment was frankly unconscionable.’…’we thought it was astounding’…’a lesson to be learned at the highest level’…’systematic failure’…’the Respondent values its employees’ ability to perform their key roles far more than their personal wellbeing.’



Article written by Robin Moira White

Old Square Chambers



The full judgement of this case can be found in the Resources section here.


Transgender Day of Remembrance | Friday 20th November 2020

The 20th of November is Trans Day of Remembrance or TDOR for short. TDOR is an internationally recognised day of solemn reflection and a time to memorialise those Trans and non-binary people who have been murdered or victimised by transphobic hate.


Constable Al Smith of West Midlands Police is the Trans and non-binary lead for the National LGBT+ Police Network; this is their thoughts on TDOR:

It is important to honour and remember the victims of hate crime, Trans day of remembrance (TDOR) gives us the opportunity to highlight to the wider community the devastating effect transphobic hate crime can have on my community. While this is an important day, it holds great sadness for me.

TDOR reminds me of my vulnerability to hatred. It reminds me I live in a hate-filled world where others like me are killed just for being themselves.

It reminds me of others who have taken their own lives because of the daily oppression they face. That’s something I’ve contemplated in the past when I experienced bullying at work to the extent I suffered severe clinical depression. Far too many Trans and non-binary people have experience of this and is one of the main reasons I want to see our society be more inclusive of trans and non-binary people. So no one has to feel that their innate characteristics make them a target for hateful behaviours.

I don’t want there to be a need for TDoR, but it exists for very real reasons.

In the UK, transphobic hate crimes have quadrupled over the past five years. Trans people are twice as likely to be the victim of crime. Alongside this increase in crime is the toxic environment that exists on many social media platforms which can be incredibly transphobic. Behind every headline is a real person with parents, family and friends who are affected by these crimes and hostile words. Knowing this, how would you feel if your child, or a member of your family or a good friend said they were trans? How would you feel about them seeing transphobic comments? Wouldn’t you want them to be able to be themselves in public and be safe?

Allies are key in helping to make our workplaces and society safer and more inclusive of Trans and non-binary people. If you are an ally, ask yourself, what am I doing to help support Trans people? If you aren’t sure where to start, here are some simple ideas: add your pronouns to your email footer / social media profile, follow some prominent trans people on social media and share their stories, make a donation to a trans charity, have your say in the current Gender Recognition Act inquiry and hate crime consultation, stand up to transphobia you see online.

These are small things that take only a little effort but can make a massive difference to the Trans and non-binary people around you, both to those who are visible and those you may not know to be Trans or non-binary. It’s easy to make a difference and be the positive change you want to see in the world.


For more information on Trans guidance for policing. Please see the resources section of our website.

Transgender Awareness Week | 12th – 18th November 2020

Trans Awareness Week is the time leading up to Trans Day of Remembrance. Trans awareness week aims to raise the profile of issues affecting the trans community as well as the stories of trans people and their allies. Trans Day of remembrance is a day dedicated to remembering victims of transphobic hate crime.

Ricki Kettle of Northern Ireland Civil Service was Stonewall’s Trans Role Model of the Year in 2019 had this to say about Trans awareness week:

“Trans Awareness Week is especially important for me as not only does it focus on promoting the visibility of trans people, it also highlights the importance of trans allies and how they can help make a difference to trans peoples lived experience.  Despite some progress in recent years, stigma against transgender people remains a reality.  In my experience, trans people want to live their authentic life and with the support of allies in this journey, it is made much more rewarding and empowering.  My own journey was impacted positively by friends, family and work colleagues and the many allies in our community.

“There are many resources that allies can access online on how to be a good ally, even watching a programme on Netflix such as ‘Disclosure’ will go towards educating people on just some of the issues that trans people face.  Many trans people’s lives are like many others, we go to work, clean our house, make dinner, take the dog for a walk, have a glass of wine or watch a movie.  We just want to do these things as our authentic selves, it’s no biggie! – Happy Trans Awareness Week!”

Paul Bloomer, Co-Chair of the PSNI LGBT+ Network followed on with:

“I would like to take this chance to tell the Trans and non-binary people of our organisation that the LGBT+ Network is working with senior leaders to make this organisation a better place for Trans and non-binary people to work in. We need your help though, we need the voices and lived experience of Trans people to help us drive the positive change we need in this organisation. We have a reserved seat on our committee for a member of the Trans community and we would be delighted to welcome into that seat.”

Campaign | Together by Consortium

We believe that everyone should be able to live safely.

Many trans people, including non-binary and gender diverse people experience bullying, abuse and harassment. Being forced to live in fear can have a detrimental effect on your wellbeing, mental and physical health.

We recognise the experiences of trans people will differ based on how they navigate the world. From race to disability, immigration status to socioeconomic background, age to gender, orientation to faith, trans people will have different experiences, sometimes better, and sometimes worse.

We believe that all people deserve dignity.

Prejudice and discrimination prevent many trans people, including non-binary and gender diverse people from living with dignity in all parts of their life – at home, at work or in the community.

Everyone deserves to be safe and to be treated with respect.

Sadly, for trans people, including non-binary and gender diverse people, the opposite is too often true. In the face of a concerted campaign across the British media, together with the measures necessary to restrict the spread of coronavirus, many trans people now feel isolated and unsupported.

Trans people simply want to be able to exist freely and without fear, which is something that many people take for granted.- the security of living in a safe home, access to healthcare (and not just trans healthcare), the knowledge that they will be listened to and heard on what trans people need to live their lives without fear. None of that should be controversial.


The together. campaign says to trans people of all ages, abilities and backgrounds, including non-binary and gender diverse people, you do deserve to be safe, and you do deserve respect – you should be able to do what most of us do without thinking.

together, we continue to build our network of organisations who will speak up and campaign for trans rights.

together, we can ensure that everyone is able to live in safety and with dignity.

Campaign Organisers

The together. campaign has been drawn together by five LGBT+ organisations across the UK. Click here to find out more.

Supporter Organisations

Click here for a list of the organisations which are supporting the together. campaign.

To add your organisation, please email stating that you support the campaign and giving permission to use your organisation’s logo, as well as including a hi-res copy of the logo to use.

Get involved

There are a number of resources that you can share on social media. Click here to find out more.

Campaign | Trans Rights are Human Rights by Stonewall

Today, Stonewall, Britain’s leading lesbian, gay bi and trans equality charity, announced that 136 major UK companies have come together in a show of support for trans communities.

Aviva, BP, CITI, Disney, Expedia, Microsoft and Sky join 96 other UK employers who have added their names to a public statement to say trans rights are human rights, and highlight their support for trans colleagues, employees and customers. Each of the participating companies will also be posting messages of solidarity with trans people across their social media platforms throughout the day.

The collective of businesses from a wide range of sectors represent a growing group of leading employers who are speaking up for trans equality in the UK.

Many of these organisations (70) have also written to the Prime Minister directly to call on the UK Government to honour its commitment to protect trans people’s rights and reform the Gender Recognition Act.

Nancy Kelley, Chief Executive, Stonewall said: ‘We’re proud of all the business leaders who today are ‘coming out’ for trans equality. All these companies are sending a powerful message to trans communities that leading businesses have their backs. Across the UK, corporate leaders are speaking up because they care about protecting and supporting their trans colleagues, customers, friends and family.

‘At a time when trans rights feel increasingly under threat, the diversity of all these businesses taking part today shows there is a wealth of support for trans people at the most senior levels of British industrial and cultural life. But we can’t be complacent. If we want to live in a world where every trans person can be themselves, each of us must use our voice to challenge transphobia and take action to create more inclusive communities.’

View the full list of companies that have signed and add your support.

If you or your organisation would like to support this cause, a ‘Support Pack’ can be obtained from Stonewall via the above link.


Article | Stonewall: Reclaiming Their Narrative

50 years ago today, on 28th June 1970, the first anniversary of the Stonewall movement, many activists and members of the LGBT+ community marked the day by gathering in Sheridan Square, New York City and together they marched up Sixth Avenue to Central Park, the parade stretching for 15 blocks. It is recognised as the first gay pride.

Sergeant Morena Thomas-Wickham is a Police Service Northern Ireland LGBT+ Network Committee member and she says: “I have this black and white photograph mounted on a wall in my house, not as some sort of provocative statement but as a reminder to myself. I did not throw the first brick but I have a part to play and I am indebted to those brave enough to stand up and begin a long fight for equality. Those faces in this picture faced arrest and were jeered and spat at in the street. They faced being fired from their jobs and refused basic rights but they still marched, taking a stand and sparking a global movement into action.”

What is the Stonewall movement?

In the early hours of 28th June 1969, NYPD officers entered The Stonewall Inn, Greenwich Village, NYC. It was to be the third such raid on a gay bar in the area in a matter of days. Gay bars were a place of refuge for LGBT+ to socialise in relative safety in a city where homosexual relations was illegal. Unfortunately, these bars were subject to police harassment. Seen as easy arrests the LGBT+ community were historically passive and offered officers little resistance. This night was different. As the officers cleared the bar, arrested employees and ordered the arrest of anyone not wearing at least three articles of ‘gender-appropriate clothing’, the crowd did not retreat as it had in the past and a riot broke out trapping the officers inside the bar. Police reinforcements assisted the officers and quelled the riot, but over the next five nights, the riots waxed and waned. This was a spontaneous protest against police harassment and social discrimination. Stonewall was a galvanising point in LGBT+ history; the gay rights movement didn’t start that night but it was invigorated by what happened and just as Rosa Parks’ refusal to give up her seat on a bus in Alabama had the effect of animating the civil rights movement 14 years before, Stonewall electrified the push for LGBT+ equality.

So what has The Stonewall Inn and a riot 51 years ago got to do with modern policing?

Beth Wickham-Thomas, Co-Chair of the Police Service NI LGBT+ Network answers: “Stonewall is in the living memory of the LGBT+ community and it was not an isolated incident of oppression, we can see similar incidents across the UK and Ireland. Many LGBT+ people remember these incidents as they lived through them; this has manifested a deep-rooted mistrust in police in a lot of people. The LGBT+ community’s hurt and circumspection have been a barrier to overcome in order to achieve real and purposeful engagement. Despite huge progress over the last few years there remain many barriers to overcome.

Visiting the Stonewall site.

“When I was in New York in 2016 it was really important for me to visit the site of the Stonewall uprising. The site has been designated a national monument in the US. It was a moving experience for me to stand on the site where Marsha P Johnston, a black trans woman, pushed back against oppressive police tactics and changed the world. I think being a police officer made it all the more poignant as being an ‘out’ queer police officer would have been unheard of in 1969. It really showed to me how much the world has changed for the better because of Stonewall,” said Constable Paul Bloomer, Co-Chair of the Police Service NI LGBT+ Network.

Article | Transgender Day of Visibility

Today is transgender day of visibility, or TDoV for short.

It is a day when trans folk, the LGBT+ community and allies celebrate the lives of trans, non-binary and intersex people. A day to honour trans people, to embrace diversity and to raise awareness of the challenges trans, non-binary and intersex people still face as well as celebrating the contributions of trans people to society. The day was founded by US-based transgender activist Rachel Crandall, citing the frustration that the only well-known transgender-centered day was the Transgender Day of Remembrance which mourned the murders of transgender people but did not acknowledge and celebrate living members of the transgender community. The first International Transgender Day of Visibility was held on 31st March 2009.

The trans pride flag is flown by many organisations across the country to celebrate the day. The flag represents the transgender community and consists of five horizontal stripes: two light blue, two pinks, and one white in the centre. The designer of the flag, Monica Helms, explained the design as such: “The stripes at the top and bottom are light blue, for baby boys. The stripes next to them are pink, the traditional colour for baby girls. The stripe in the middle is white, for those who are transitioning or consider themselves having a neutral or undefined gender.”

Sergeant Morena Wickham-Thomas of the Police Service NI LGBT+ Network committee said: “Research indicates that 51% of trans people have hidden their identity at work for fear of discrimination. The ignorance and misconceptions around the trans and non-binary community is perpetuated by media sensationalism and this manifests itself in an unwelcoming workplace. This is why, as allies, we must do better. I must do better. As a supervisor I would be embarrassed if I found out that one of my team was frightened to be themselves at work. We all have a responsibility to make our work environments supportive, safe spaces for a diverse workforce.”

Constable Paul Bloomer, Co-Chair of the Police Service NI LGBT+ Network said: “In these challenging times of isolation and social distance which are necessary to fight the pandemic we face, we must remember those whose isolation is compounded due to them being trans and not being able to be themselves at work. It is more vital than ever that trans people and trans allies remain visible and connected.”

Leo Lardie, a trans man and Sexual Health Development Officer for The Rainbow Project said: “Trans Day of Visibility (TDoV) is about recognising, validating and celebrating trans and non-binary people for being their authentic self in a world that often frames our mere existence as a problem to be ‘solved’. With anti-trans rhetoric on the rise it is more important than ever to remember that trans and non-binary people are not an abstract concept to be debated. We are human beings who deserve the same compassion, respect and dignity that any human deserves. Today is about highlighting the accomplishments of trans and non-binary people who were often written out of history. But it’s not just about us, it’s about you. You must come out of the shadows to say that you appreciate, support and love trans and non-binary people like us. Remember to stand up for trans and non-binary people not just today but everyday! We cannot erase transphobia alone, but with your help we can!”

Profile | Remembering Marsha P. Johnson

In celebration of LGBT History Month the Network will be profiling a selection of LGBT figures who have played significant roles in shaping modern LGBT culture or had a significant impact on LGBT issues in the public consciousness.

Today we remember Marsha P. Johnson. She was a trans black woman activist that lived in New York until her death in 1992. She is remembered by some as the person who threw the stone which broke the front window of the Stonewall Inn, in New York on the 28th June 1969. While the account that she cast the first stone is disputed, what is not in dispute is that the Stonewall uprising birthed the modern LGBT rights movement.

Marsha is believed to have played a key role in the uprising that began at the Stonewall Inn in New York’s Greenwich Village after police raided the gay bar. Protests followed over the next six days. Marsha was on the front lines of those protests against oppressive policing, which disproportionately affected the LGBT community in New York at that time. Throughout her life she advocated tirelessly on behalf of trans people, sex workers and people with HIV/AIDS. She did all this in heels, fabulous outfits and flower headpieces.

“We were … throwing over cars and screaming in the middle of the street ’cause we were so upset ’cause they closed that place,” Marsha told historian Eric Marcus in a 1989 interview. “We were just saying, ‘no more police brutality’ and ‘we had enough of police harassment in the Village and other places’.”

The first anniversary of the protests prompted the first gay Pride parade in 1970.

An interaction with a reporter gave us one of her many memorable quotes, when asked what she wanted from the Pride protests she responded: “Darling, I want my gay rights now.”

Marsha was a drag queen and a sex worker; she was often homeless and she is remembered as one of the most significant activists for transgender rights, although the term ‘transgender’ wasn’t commonly used during her lifetime. Johnson identified as a ‘transvestite’, gay and a drag queen, and used she/her pronouns.

Marsha died in disputed circumstances following the 1992 New York Pride march. Her body was recovered from the Hudson river with a large wound to the back of her head. Her death is recorded by the NYC Coroner as a suicide but her friends and family dispute this.

Constable Paul Bloomer says: “It’s sad that she never got to see the many changes that have come about as a result of the activist movement she helped start. She never got to see police eventually embrace the LGBT community and become part of the Pride parades which were once protests against police action. She never got to see the New York Police Department on the 6th June 2019 make a formal apology for the past treatment of LGBT people and the raid which started the Stonewall uprising.

“The actions taken by the NYPD were wrong, plain and simple” said James P. O’Neill, the NYPD Commissioner. That frank admission was a momentous moment for LGBT activists, many of whom felt it was long overdue. The city of New York has also recently commissioned a public monument dedicated to Marsha’s memory.

Constable Paul Bloomer continued: “When I was searching for images for this article I found it hard not to smile when looking at pictures of her. Marsha will always be remembered as an icon of the LGBT rights movement. Her smiling face remains a beacon of inspiration to many today.”