This case is not an employment equality case but it will nonetheless be of interest to many readers. The complainant was a transgender male to female customer of the bank. After her transition the complainant changed her name by deed poll and also changed her name on other identifying documents, including her passport. She attempted to change the name on her bank accounts and that's when she encountered some difficulties. She was phoned by her own branch and was told she would have to close her ‘cashsave’ account in her birth name and open a new account in her new name. Ms Byrne argued other friends who had changed their name by deed poll were not required to close and reopen a new account. Correspondence was also addressed to her in her birth name.

The bank argued various points about the correct comparator and the jurisdiction of the Equality Tribunal over claims which had previously been lodged with the Financial Services Ombudsman. Notwithstanding these, it also said it does permit changes of surname for a married individual or an individual who has entered a civil partnership without the requirement for the customer’s existing bank account to be closed. Such a customer changes their surname and maintains their birth surname. They may choose to revert back to their birth surname at any time.

The respondent’s position is that this is different to a customer who has changed their name by deed poll and renounces, relinquishes and abandons the use of their former name and their legal identity changes to the new name. Indeed, they set out a list of reasons for requiring different treatment for those who change their name by deed poll at paragraph 3.4 of this decision.

The Equality Officer did not accept the reasoning on this point and the complainant had a witness who also changed name by deed poll and was not required to close an account. The Equality Officer said, "I have examined the respondent’s reasons for treating people who change their name by deed poll differently than those who change their name through marriage or entering into a civil partnership. Both change their surname and I accept the first name of those who have married or entered into a civil partnership is not changed. However, I can find no fundamental difference between the two groups that would not allow the two groups to be treated in the same way that would allow the respondent to satisfy their specified requirements in paragraph 3.4."

The Equality Officer awarded €5,000 to the complainant to compensate her for the effects of the discriminatory treatment experienced by her. Her claim for disability discrimination failed.
http://bit.ly/1fUW524