Discriminated by PIP

ninjastriker

I've recently received the big paperwork from Atos, with the application form I sent, my esa report and their response. After reading through all the paperwork I can clearly see they have discriminated against me, not only on my disabilitys, but for me as a transgender.


I have BPD, social anxiety, depression, anxiety, MTF Transgender, panic attacks, OCD. On the notification of response, the pip women put my gender down as male and also refered me as a he in her writing.


It clearly states on my paperwork I am a miss, and I see myself as a woman. When I went to my appeal, it was adjourned because the dwp had no paperwork and the judge wanted to see my medical records, I was with the ccp and my carer and the judge was going to go in my favour, but wanted to be fair and have all the facts.


the pip woman satt next to me and can clearly see I was dress as a woman, so I don't understand why she would discriminate against me in black & white on the paperwork. I havnt stop thinking about it and I am fuming, ive also been depressed and suicidal.


I see my doctor every week, because of what the stress is doing to me and my suicidal thoughts are every day, I try my hardest to keep them away.


I would like too sue the pip/atos for discrimination, but don't know if its direct or indirect discrimination. I understand my rights on the equality and diversity act of 2010, but don't know who best to speak to first, do I go CAB or my advisor at CCP.


If I can sue them, do I get legal aid? I've never felt so hurt and distress and find it disgusting that they can do this. im hoping the judge I saw before will see this and do something about it, but im worried if I pursue a case, I will lose my appeal.

ab1982

I hope not.

Richie-from-the-Boro

You are well over the ago of 18, apply for a Gender Recognition Certificate to the Gender Recognition Panel, then if successful apply for a re-gendered birth certificate.

At this time, until you do so no amount of words written by anybody count in the UK.

UKTigerlily

The most likely explanation seems to be the above, but could it be that as they couldn't *see* you, they didn't realise? Would they have got confused if it said MTF for example? Just thinking could it be a genuine thing? Sometimes they confuse my title or assume i'm male because of my name etc

Obviously I can't see how it was worded etc but I think it's a bit much to be on about suing them as *you* know what you are, and mistakes happen. Would a complaint and apology/making sure such thing doesn't happen again not be sufficient?

ninjastriker

(Text removed by MSE Forum Team)

Sorry but you are totally wrong about that, genetics is a very wrong way of putting it, I suggest you read about transgenders, the gender recogniation act and appoligize to even suggest in the eye of the law im a man. that is uncalled for, wether I had grs surgery or not, I am woman and find that very disrespectful.


it is not about genetics, I may have mental health problems, but I am not stupid. You know wether your a man or a woman from birth, it's a chemical imbalance in your brain. genetics have nothing to do with it, and I prove so much science on that aspect on how much you are wrong, harry benjiman can prove that, the GID clinic in London, who are specialist can prove that as well.


ive been transitiong as a women for 6 years now, change my name as a woman, I go to london specialit at charing crosss and in the eyes of the law and under the equality and diversity act of 2010, gender recogniation act 2004, if I view myself as a woman, I will be treated as such, regardless of which gender I view myself.


I am very well versed about discrimination, this wasn't a mistake at all, as it cleary started miss on my form and then gender was male, their explaination refered me to as he. the assemnet by atos refered me as a she, but the woman from pip, which was at the tribunal refered me as man in their report from that date.


also you do not need grs to be recognised as your chosen sex, it is a chemical imbalance and you know what gender you are from birth, regarldless what you got below, I hate what I got and have spent my whole life dealing with idiots like you, who think that if you got the part, that is what you are.


consider those who do not either recognise themselves as male or female, or intersex, who have both parts, what you going to call them he/she, it, gender benders, because your ego and lack of understanding is what you think is right. yes I get suicidal tendicies from my bpd, but im explaining the problem and asking for simple advice, I have mental health problems, don't treat me like you have all the answers, as it looks like you don't. if you have nothing nice to say, don't say anything and go back to the stone age.


cleiefin and uktigerlily, thanks for the support. It wasn't a mistake, as she was sitting next to me, the judge called me miss and I was clearly looking like a woman, in my paperwork to pip, I'm put down as miss and class as a woman.


I didn't wear makeup, because I havn't looked after myself for years and my carer helps me, but she and everybody in the room clearly saw me and refered me as a woman, except for the woman from pip. on my paperwork it says transgender, im a MTF and see myself as a woman, plus I have the top package that is clearly seen, so I don't know how it could of been a mistake or confusing.


sorry for the rants, but im just after a bit of advise and don't know which why to turn. I thought this board was the right place to turn to, but now I feel like their are still single minded people who don't understand the full nature or transgender/mental health problems.


I will keep an open mind and check again, but im seriously thinking of quiting the board if I am getting attack for asking a simple question. expect for the two I mentioned, who advise is good and no offense was taking.

ab1982

Did you at any point ask this person that to refer to you as her/she after they had incorrectly called you him? Less dramatic than the suing but likely more successful.

Confuseddot

The Gender Recognition Act provides transsexual people with legal recognition in their “acquired” gender. Legal recognition follows from the issue of a full Gender Recognition Certificate (GRC) in cases where the Gender Recognition Panel (a body made up of judicially trained lawyers and doctors) is satisfied that the applicant meets all of the following criteria:
a) Has, or has had, gender dysphoria.
b) Has lived in the acquired gender throughout the preceding two years. c) Intends to continue to live in the acquired gender until death.

[Deleted User]

Its sad when people come on the internet for advice and suggest someone be kicked off a forum just because they don't give the advice wanted. People often give their time and advice freely only to be castigated for doing exactly that; I think OP that you owe Dom an apology.

tomtontom

Calling someone he as opposed to she is not in itself discriminatory. It might be misguided, but it's not putting you to any detriment, you've not been treated less favourably than a non transgender person.

My advice would be to focus on getting yourself well and forget any fruitless legal battles.

Richie-from-the-Boro

The facts in this case are until a Gender Recognition Certificate is issued the O/P is the gender they had at birth. Gender in legal terms is a binary concept, some individuals might wish they were androgynous and choose to self certify themselves as anything other than a person's physical anatomy but that's not the legal position.

Children born in England or Wales are registered in the birth register as being either male or female. Transgender is not a term used to describe the sex of a child at birth registration. If the O/P wishes to avail them-self of the Gender Recognition Panel they should do so and ask to be issued with a new birth certificate.

Gender Recognition Registers are held by the Registrar General, there are, therefore, no records of children (under the age of 18) in this register.

Tolly_T

It sounds like discrimination to me. There are seven different types of discrimination under the Equality Act. One type is harassment. The Equality and Human Rights Commission website gives an example of harassment in relation to gender reassignment discrimination.

Harassment
Harassment is when someone makes you feel humiliated, offended or degraded because you are transsexual.

For example a transsexual woman is having a drink in a pub with friends. The landlord keeps calling her ‘Sir’ and ‘he’ when serving drinks, despite her complaining about it.

Harassment can never be justified. However, if an organisation or employer can show it did everything it could to prevent people who work for it from behaving like that, you will not be able to make a claim for harassment against it, although you could make a claim against the harasser.

The same website also describes who is protected

To be protected from gender reassignment discrimination, you do not need to have undergone any specific treatment or surgery to change from your birth sex to your preferred gender. This is because changing your physiological or other gender attributes is a personal process rather than a medical one. You can be at any stage in the transition process – from proposing to reassign your gender, to undergoing a process to reassign your gender, or having completed it.