The question of whether Equality Act protections cover those who fall into the category of gender fluid/non-binary has been answered by a landmark discrimination case involving an engineer who suffered abuse and harassment at Jaguar Land Rover.

Rose Taylor had worked with the firm for more than 20 years when she began wearing women’s clothes. As a result, she suffered insults and abusive jokes and, she claims, received no support from management.

Her case was heard at an employment tribunal in Birmingham, where she won a claim for harassment, discrimination and constructive unfair dismissal.

Part of the argument was whether being gender fluid/non-binary was a protected characteristic under section 7 of the 2010 Equality Act. The protected characteristics covered in the act are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

The ruling was delivered by Employment Judge Hughes, who found that it was “clear … that gender is a spectrum” and that it was “beyond any doubt” Taylor was protected.

A further hearing next month will establish what damages Taylor should be awarded.

Her barrister, Robin Moira White, of Old Square Chambers, who has transitioned from male to female, said:

“This is an important judgment, albeit at first instance, recognising for the first time the rights of a small number of individuals with complex gender identities. Once again the courts have shown themselves willing to stand up for the rights of individuals in a manner which demands respect and admiration. I pay tribute to my brave client… I see no reason why this ruling should not extend to other complex gender identities such as a-gender and genderqueer.”

Dave Williams, executive director of human resources at Jaguar Land Rover, apologised to Ms Taylor on behalf of Jaguar Land Rover and said it respected the outcome of the case.

Taylor, who prefers to use the female pronoun, is now working as an engineer with another firm.