(1)A person has the protected characteristic of gender reassignment if the person is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person's sex by changing physiological or other attributes of sex.
(2)A reference to a transsexual person is a reference to a person who has the protected characteristic of gender reassignment.
(3)In relation to the protected characteristic of gender reassignment—
(a)a reference to a person who has a particular protected characteristic is a reference to a transsexual person;
(b)a reference to persons who share a protected characteristic is a reference to transsexual persons.
Cases considering section 7 8
[2025] UKSC 16 · 16 April 2025Interprets
Gender reassignment is a distinct protected characteristic arising from proposing to undergo, undergoing or having undergone a process to reassign physiological or other attributes of sex. It neither depends on a certificate nor changes protected sex. (see paras [198]-[203])
[2026] EWHC 279 (Admin) · 13 February 2026Defines
Defines the protected characteristic of gender reassignment by reference to a process of reassigning sex through changing physiological or other attributes. The court held that persons with this characteristic continue to be considered by reference to biological sex for sex discrimination purposes (see paras [25]; [29]-[30]).
Confirms that persons within the section 7(1) protected characteristic are referred to as transsexual persons for the purposes of the judgment (see para [30]).
[2023] EWHC 43 (Admin) · 16 January 2023Defines
Defines gender reassignment broadly. The process need not be medical or permanent, and a settled decision to adopt some aspect of another gender’s identity is sufficient. (see paras [124]-[136])
What each judgment says about section 7 is in the case-law panel in the full Act.
41.This section defines the protected characteristic of gender reassignment for the purposes of the Act as where a person has proposed, started or completed a process to change his or her sex. A transsexual person has the protected characteristic of gender reassignment.
42.The section also explains that a reference to people who have or share the common characteristic of gender reassignment is a reference to all transsexual people. A woman making the transition to being a man and a man making the transition to being a woman both share the characteristic of gender reassignment, as does a person who has only just started out on the process of changing his or her sex and a person who has completed the process.
43.This section replaces similar provisions in the Sex Discrimination Act 1975 but changes the definition by no longer requiring a person to be under medical supervision to come within it.