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Section 16: Gender reassignment discrimination: cases of absence from work

Equality Act 2010 (2010 c. 15)

(1) This section has effect for the purposes of the application of Part 5 (work) to the protected characteristic of gender reassignment.

(2) A person (A) discriminates against a transsexual person (B) if, in relation to an absence of B's that is because of gender reassignment, A treats B less favourably than A would treat B if—

(a) B's absence was because of sickness or injury, or

(b) B's absence was for some other reason and it is not reasonable for B to be treated less favourably.

(3) A person's absence is because of gender reassignment if it is because the person is proposing to undergo, is undergoing or has undergone the process (or part of the process) mentioned in section 7(1).

Reproduced from legislation.gov.uk as captured on 2026-07-13. Statute is amended over time — check the source below for the version in force. This is a reference, not legal advice.
View s.16 on legislation.gov.uk

Source: legislation.gov.uk, Crown copyright, Open Government Licence v3.0.