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01:34
Trans postie sues Royal Mail for harassment and discrimination by colleagues
A trans postal worker has won a tribunal against Royal Mail after being 'harassed' and 'discriminated' against by colleagues.
Sophie Cole, 46, started living as a trans women in 2016 after spending most of her life feeling she was born the wrong gender.
She claims she left behind a high-powered financial role to join the Royal Mail as she felt a large organisation would offer her a 'safe space'.
But after suffering 'transphobic' abuse and 'harassment' over her sex from two separate colleagues, she lodged a complaint with her bosses that she was being 'bullied'.
Incidents included being singled out, vile name calling, touching, a physical assault and having her car spat on.
And after representing herself in court, Sophie, of Cambridge, has now been awarded £12.5k in damages after proving Royal Mail bosses didn't deal with her abuse and harassment.
Her win is also believed to be a "legal first" following a Supreme Court ruling that effectively ruled trans woman couldn't be victims of harassment for their sex "as a woman."
Sophie said she was able to prove that part of her case only as one perpetrator "saw me as a woman". "
In the ruling passed down in April this year, The UK Supreme Court ruled that the legal definition of a woman is based on biological sex. It also stated that "as a matter of ordinary language" cases relating to sex discrimination can "only be interpreted" as referring to biological women."
But Sophie said after a delay in her verdict, caused by her tribunal judge seeking clarification around the Supreme Court ruling, she felt vindicated that its interpretation allowed that part of her claim to proceed.
She said: "I think I'm good looking as a girl and many people I meet don't realise I am trans. I generally didn't have too many issues and outside of work no-one really gives me problems."
"The final Supreme Court ruling said you could only be classed on a legal basis by your birth gender. On that basis I was told I could not have suffered harassment for my sex as a woman as the law doesn't see me as one."
"However after deliberation and going off to speak to other judges, she made it clear that if an individual 'deemed' me to be a woman when they harassed me, I could be listed as a 'female victim.'"
"She went out on a limb, which I'm very grateful for, and it is believed to be the first case won under that basis."
The harassment aspect formed part of Sophie's case that was sparked when she made a complaint about an 'assault' by a colleague that she says was 'ignored' and sparked further bullying and harassment.
Following a hearing in Bury St Edmonds, Employment Judge King ruled her claim for direct discrimination and harassment on grounds of gender reassignment were 'successful in part.'
She also ruled her discrimination and harassment related to sex 'succeeds on one allegation.'
Her £12,500 included a 25 per cent uplift for failing to follow the ACAS code of practice in respect of her grievances.
Recommendations were also made for the training and mediation for a number of named employees.
Sophie joined Royal Mail in 2017 and spent most of her time working in the collections team.
In her witness statement she outlined the basis of her treatment that led to her raising concerns with bosses.
She said she had been assaulted and had her car vandalised with "ongoing events to distress me."
She said these included "burping at me, moving my van mirrors to get me in trouble for not driving a vehicle safely."
She also said a colleague would "stand over my car staring at me when I left work and while working in the 'bay area."
She claimed the colleague would also "mimic" her voice in a falsetto tone and was also verbally abused by other staff."
But when she raised the issue with Royal Mail she says nothing was done, they didn't take her grievance seriously and tried to brush off her concerns.
Speaking after the verdict, she said: "I know not everyone is pro trans and I am not looking for supporters. I am just trying to live my life and did not do anything to provoke any of this. But my life was made extremely difficult on a daily basis. "
"It dragged out for a year and I was concerned for my life at times. I was physically assaulted and constantly abused and targeted. It made me really depressed. I was able to prove in court I had not done anything and there was nothing I could have done differently."
"I did expect Royal Mail to be a safe haven of a company. I was an ex-financial advisor for a bank. I took a massive pay cut to join Royal Mail and felt I should have been safe at a big organisation."
Sophie said she followed all 'correct procedures' to deal with incidents but claims Royal Mail "did not wish to engage in conversation or to find a resolution."
She added: "The Royal Mail investigation was a shambles. It was dropped as they had a chat with my colleague who said he didn't do these things. Especially because I was transgender. But they just did whatever they could to quash it. "
"Royal Mail had more than enough chances to deal with this in a professional manner."
"I was being treated horrifically, but they dropped the case against him completely and tried to blame me."
"They then tried to strong arm me into dropping the case."
Sophie revealed she no longer works with the main colleague anymore. He's been moved to another depot.
She added: "We have not had the mediation yet but I have been paid the award. On a day to day basis nothing has really been made different but they have six months to do the training."
"I do love my job and have mixed emotions. I was really worried and stressed going to court and was concerned how much I would be belittled. "
"I was told to drop the case on numerous occasions and that I was never going to win it."
"But I did feel good and listened to by the court. I genuinely thought the judge was brilliant. It felt like the first time anyone was taking it seriously. I hope this has been a wake up call for the company and things will now change."
Sophie said she was very young when she knew she wanted to be a woman.
"Trans was not a word I knew, but I realised I wanted to be girl aged around three."
"I started to live as a woman around early 2016 and had a couple of surgeries around 2018. "
"I have tried to be an advocate for trans people in the work environment."
Royal Mail said in a statement: "Royal Mail takes all allegations of harassment and discrimination seriously. "
"We acknowledge the tribunal's findings and are progressing the recommendations made as swiftly as possible."
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