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ET: Non-binary identity not protected as gender reassignment under Equality Act 2010 absent intention to change sex; misgendering harassment claim dismissed (Lockwood v Cheshire & Wirral NHS Foundation Trust)

Published on: 03 December 2025

Published by a Law360 reporter
Legal News
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Lockwood v Cheshire and Wirral NHS Foundation Trust and Others (ET case numbers: 2401211/2024, 2407178/2024)

In the employment tribunal, Judge Nicky Benson found that Haech Lockwood, a Cheshire and Wirral NHS Foundation Trust employee, does not possess the protected characteristic of gender reassignment under the Equality Act 2010 (EqA 2010), thereby rejecting a harassment claim. While Lockwood has changed their name and pronouns, they have not reassigned their sex from female to male, in a decision dated 6 October 2025 and published on 27 November 2025. Section 7 of the EqA 2010 provides protection for gender reassignment only where a person is undertaking a process 'for the purpose of reassigning' their sex. Judge Benson stated that 'reassigning' denotes 'a move from one thing to another'...

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