The basic position is that the substance of previous law making it unlawful in the employment field to discriminate against a person because of gender reassignment or transsexuality remains unchanged by the Equality Act 2010 (see generally notes at Sexual Orientation Discrimination/a general note ). However, unlike previously, the new wording means that the person need not be under medical supervision.

Of course the general changes which outlaw discrimination by association and perceived discrimination apply to this form of discrimination as to the other strands of discrimination from 1st October 2010 (see Equality Act 2010/associative and perceived discrimination ). So too does the general rule, applicable to all strands of discrimination, which ensures that what would otherwise be unlawful discrimination is not unlawful if having the protected characteristic in question is an occupational requirement which is "a proportionate means of achieving a legitimate aim" (see Equality Act 2010/direct and indirect discrimination ).

The naming and numbering of relevant provisions are of course quite different from those used previously (Sex Discrimination Act 1975, including the specific provision in s.2A which concerned gender reassignment, is repealed by Equality Act 2010).