Is misgendering someone in the workplace harassment?

Deliberate misgendering in the workplace constitutes harassment and discrimination under UK employment law. Research consistently shows that using incorrect pronouns or refusing to acknowledge a colleague's gender identity creates a hostile work environment and can significantly impact mental health and workplace wellbeing.

Employment tribunals have increasingly recognised misgendering as a form of discrimination protected under the Equality Act 2010. Guidelines from organisations including ACAS emphasise that employers have a duty to protect transgender employees from harassment, which includes ensuring colleagues use correct names and pronouns. Evidence indicates that persistent misgendering, particularly when deliberate, falls under the legal definition of harassment as unwanted conduct related to a protected characteristic that violates dignity or creates an intimidating environment.

Workplace policies should treat deliberate misgendering with the same seriousness as other forms of discrimination, including racial or disability harassment. Many organisations now include specific guidance on respectful language and pronoun usage in their equality and diversity policies. If someone makes genuine mistakes, education and support are usually appropriate, but persistent refusal to use correct pronouns after correction typically constitutes harassment.

If you are experiencing misgendering at work, you have the right to raise concerns through your employer's harassment procedures. Employers are legally required to investigate such complaints promptly and take appropriate action to prevent further incidents. Documentation of incidents can be helpful, and many people find support through trade unions, HR departments, or external organisations like Stonewall or the Equality and Human Rights Commission.