Transexual loses discrimination claim against police

Published on Wednesday 16 February 2011 17:55

A TRANSEXUAL who said she was bullied out of her police job has lost her claim for sex discrimination.

Jan Irvine alleged her bosses at Lothian and Borders police victimised her because of her gender switch.

Ms Irvine, who was born Ian, said she was picked on when she started wearing women's clothes and make-up to work.

The 57 year-old had lodged the claim against the force at an employment tribunal in Edinburgh.

But, her case was today thrown out after a panel ruled the claim was time barred.

It was found Ms Irvine had failed to prove any acts of harassment occurred less than three months before she presented her claim.

However, she has been allowed to continue with a separate complaint of unfair dismissal and that will now be the subject of a later hearing.

Ms Irvine, of Bonnyrigg, Midlothian, had a sex change in 2004 while working as a traffic warden.

She later joined Lothian and Borders taking up a civilian post at the control centre in the capital.

The force proudly paraded her at the time as proof of their positive attitude towards equality.

But, she claimed bullying by her bosses made her "sick with stress" and forced her to resign in December 2009.

Ms Irvine told the hearing: "The whole situation had a detrimental effect on my mental health."

She claimed her supervisor Nicola Boyd and inspecting officer Sergeant Andrew Sedgwick had put together a "secret dossier" of emails and memos about her.

Ms Irvine said: "I was always taught to treat people with respect, but respect works in both ways and has to be earned.

"I felt as though I was not acknowledged by my two supervisors when I was out working on the 'shop floor'."

It was said that the "final straw" came when her competency was reviewed after she reportedly failed to take down adequate details while on the phone.

In a written judgement, employment judge Susan Craig today said: "Having regard to all the circumstances, I am persuaded that the balance favours the respondents.

"I am therefore not persuaded to allow the claims under the Sexual Discrimination Act to proceed. The claims therefore fall to be dismissed."

The unfair dismissal claim survived the time bar as it was presented within the three months.