Transsexual in bias claim against CPS
Wednesday 30 July 1997
Susan Marshall, who was born Simon Stone and had a successful legal career as a male naval officer, launched a sex-discrimination complaint against Dame Barbara and the Crown Prosecution Service after an offer of a job in the general casework division was withdrawn.
Ms Marshall, now 50, had presented herself for an interview in March 1993 in her former male role, and the following week was offered a more senior post by telephone. But she had been receiving medical treatment for gender identity disorder - transsexualism - since 1988 and wanted to take up the job as a woman.
Several years earlier she had begun living as a woman when on leave from the Royal Navy, and eventually felt compelled to take voluntary early retirement, leaving with the rank of commander. She was then appointed home bursar at Exeter College, Oxford. By late 1992 she had decided to change over to living full-time as a woman.
Ms Marshall wrote a personal letter to Dame Barbara setting out her circumstances, and stating that she wished to work for the CPS as a woman. Dr Russell Reid, Ms Marshall's consultant psychiatrist, also wrote to the DPP, saying she had a "very convincing feminine appearance and has no difficulty being fully accepted in the female role".
The DPP said in her reply that whilst she sympathised with Ms Marshall's dilemma she considered she had "underestimated the extent to which lawyers in the Crown Prosecution Service can be exposed to searching public and media attention".
Ms Marshall proceeded to live permanently as a woman and reluctantly let the matter of the CPS job drop, until a landmark ruling by the European Court of Justice last year established that transsexuals employed in the public sector were protected by the Equal Treatment Directive.
Ms Marshall filed an industrial tribunal complaint and got the go-ahead to pursue her case even though it had been launched outside the three- month statutory time limit. The DPP and the CPS are currently contesting that decision.
Last month, the Employment Appeal Tribunal went further than the European Court, ruling that anyone who has a gender change is protected from discrimination by the 1975 Sex Discrimination Act. The Government is now considering how to reflect the ruling in legislation.
A spokesman for the CPS said: "We are fully committed to a policy of equal opportunity in employment practice. We shall contest this industrial tribunal application on ... the circumstances of this particular case."
Malaysia Airlines plane crash exposes alarming flaw in airline security: over one billion flights made last year without stolen-passport check
International Women's Day 2014: The shocking statistics that show why it is still so important
Teacher shows sex tape featuring herself to pupils during class by mistake
Swarm of killer bees sting woman 1,000 times
Dead woman's body lay decomposing in garage for six years before she was found
Britain's top vet sparks controversy with call for ban on slashing animals' throats in 'ritual' slaughters for halal and kosher meat products
If you're horrified by a flame-roasted dog, you should be shocked at a hog roast
Poor 'live like animals' says Boris's privately educated sister after going on 'poverty safari'
Exclusive: Impact of immigrants on British workers ‘negligible’
Vince Cable: Teachers 'know absolutely nothing' about the world of work
Ukraine crisis: Russia pledges to 'retaliate against sanctions' as Ukrainian president says Crimea vote will not be recognised
- 1 International Women's Day 2014: The shocking statistics that show why it is still so important
- 2 Australian man Rod Sommerville reacts to bite from deadly snake by reaching for cold beer
- 3 Teacher shows sex tape featuring herself to pupils during class by mistake
- 4 Singapore sting: Sky-high prices are pushing locals to the edge of affordability
- 5 Exclusive: UK banks in row over Yulia Tymoshenko 'millions'
£3360 - £16800 per annum: Randstad Education Nottingham: Cover Supervisor requ...
£6720 - £33600 per annum: Randstad Education Nottingham: Male and Female PE te...
£130 - £161 per day: Randstad Education Nottingham: Do you have a qualificatio...
£6720 - £33600 per annum: Randstad Education Nottingham: The school is much la...