Haynes v The English Blackpool Pool Association is the first court decision to follow the Supreme Court decision in For Women Scotland. The pool association decided to exclude transgender women (biological males) from competing in the female category.
Harriet Haynes, a trans woman, alleged that her exclusion amounted to direct gender reassignment discrimination and brought a claim. The Canterbury county court, following For Women Scotland, found that no discrimination had taken place. Sex in the Equality Act 2010 means biological sex. That Ms Haynes had had her sex certified by a Gender Recognition Certificate did not change the position.
The court held that the correct comparator for the claimant was
a man without the protected characteristic of gender reassignment.
Such a man would also have been excluded from the female category.
The claimant was unable to show different treatment.
The Court took the opportunity to confirm that pool is a gender
affected activity which can be organised into separate competitions
for men and women in order to ensure fair competition. The pool
association was organising tournaments (providing a service) which
treated men and women differently
The difference in treatment was not discriminatory as it was a proportionate means of achieving a legitimate aim. The legitimate aim was promoting the integrity of the game through fairness of competition and diversity through inclusion of females in the game of pool.
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