A customer demanded compensation after his insurer misgendered him during a phone call.

The policyholder complained to Auto & General in June 2024 over a premium rating issue, which was later resolved.

But during the call, which his husband was also on, a member of staff “referred to the complainant by an incorrect pronoun”.

The complainant said this amounted to sexual discrimination and caused the couple “significant anxiety, distress, hurt and embarrassment”, adding the harm “was real and can be documented with medical evidence”.

The insurer apologised verbally and in writing and offered $500 compensation, but this was rejected, and the dispute escalated to the Australian Financial Complaints Authority.

Auto & General told AFCA there was no intent to cause harm or embarrassment, and the complainant had behaved in “an aggressive and unacceptable way” on multiple occasions.

AFCA’s ombudsman says an apology is sufficient, noting no medical evidence of harm was provided.

“Having listened to the recording in its entirety, I am satisfied the insurer’s staff member made a human error.

“I am not persuaded the exchanged information shows the insurer’s staff member intended to cause any harm. Rather, the staff member attempted to apologise immediately once the mistake was brought to their attention, and the incorrect pronoun was not used again. 

“The staff member’s supervisor then took over the call and also attempted to apologise. I do not consider compensation is warranted in the circumstances.”

See the full ruling here.