Transsexual trucker was not treated unfairly, tribunal hears

Jan 25 2008 Liverpool Daily Post

A TRANSSEXUAL trucker allegedly hounded out of her job when she started dressing as a woman was treated no less favourably than other staff, an employment tribunal heard.

Vikki-Marie Gaynor, from Wallasey, claims she was forced out of her £20,000-a-year post last March after deciding to wear make-up and women’s clothes for work.

The ex-soldier says bosses at Excel Europe, an arm of delivery giant DHL, prompted her departure with a campaign of harassment and bullying.

But the firm, which employed Ms Gaynor through recruitment firm Blue Arrow in October, 2006, rejected the allegations at the fourth day of the sex discrimination hearing.

Excel’s solicitor Matthew Yates told the Liverpool tribunal yesterday: “The claimant wasn’t treated any less favourably.

“Even if she was, it wasn’t on the grounds of her transition or gender reassignment.”

Mr Yates disputed the truck driver’s accusation that her shifts in January had been deliberately cancelled in a bid to force her out. He said: “The operation manager, Gary Sanders, had already taken steps with union representatives prior to January 31 to remove any suggestions of a regular run.

“We were already cancelling runs for all sorts of other people.

“We were entitled to do what we did and we gave a perfectly reasonable explanation at the time.

“There was no issue raised subsequently by the claimant about the explanation given.

“In fact, we have already heard in her submissions that she gave the benefit of the doubt to Excel.”

He added: “The most important thing here is the claimant was offered work throughout the period in question.”

Responding to Ms Gaynor’s complaint about her belongings being put in a bin bag and dumped in a toilet, Mr Yates said: “They were legitimately removed from the truck. The items were put in Phil Aspden’s office and they were then only placed in the toilet in time for the claimant’s next shift.

“The area where the property was put is commonly used as a store room.

“Gary Sanders was there when the claimant came in and he made sure that her property was returned.”

Prior to her public gender change, Ms Gaynor was formerly a man called Michael who privately dressed as a woman.

She is hoping to undergo a full sex change operation on the NHS.

Ms Gaynor is claiming sexual discrimination and breach of contract. She is also making a claim under the Wages Act.

The tribunal reserved its decision.