'Slip of the tongue' | Worker wins disability discrimination claim after unintentionally misgendering colleague

Inclusion policies are a hallmark of a well-run workplace. They exist to protect dignity, foster respect, and ensure employees feel safe and supported at work. So when the University of Manchester turned to its Dignity at Work procedures after an employee accidentally misgendered a transgender colleague, it was, on the face of it, acting to protect someone it believed had been harmed. 

But the case did not end there. Instead, the university found itself on the losing end of a disability discrimination case, brought by the employee it had intended to discipline.

Ms K Sylvester, a panel heard, was subjected to disability discrimination after her employer placed her into a formal dignity and harassment process.

Ms Sylvester has dyspraxia - a neurological condition affecting physical coordination, in addition to speech & language issues - which led to a “slip of the tongue” when using a colleague’s pronouns, according to the tribunal.