EAT Sex Discrimination – Transsexualism
Unfair Dismissal – Constructive dismissal
Gender reassignment. Employer’s lack of knowledge. Meaning of ‘treats’ (SDA s2A(1)(a).
Constructive dismissal – proper formulation of implied term of mutual trust and confidence; see Woods (EAT); cf. BCCI (per Lord Steyn).
Judges:
Peter Clarke J
Citations:
[2006] UKEAT 0240 – 06 – 1412, UKEAT/0240/06, [2007] IRLR 232, [2007] ICR 680
Links:
Statutes:
Sex Discrimination Act 1975 2A, Sex Discrimination/Gender Regulations 1999
Citing:
Cited – Post Office v Roberts EAT 1980
When looking to see whether there had been a fundamental breach of an employer’s or employee’s obligations, the conduct of the parties has to be looked at as a whole and its cumulative impact assessed: ‘in each case, in our view, you have to look at . .
Cited by:
Cited – Bournemouth University Higher Education Corp v Buckland EAT 8-May-2009
EAT UNFAIR DISMISSAL: Constructive dismissal
Whether fundamental breach of implied term of trust and confidence cured, so that the Claimant’s resignation did not amount to constructive dismissal.
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 09 July 2022; Ref: scu.247860