Employment Case Involving Gender Reassignment
Baldwin v Brighton and Hove City Council
EAT
14 December 2006
Reported w/c 12 February 2007
Daily Law Notes Summary
Claimant claimed constructive dismissal and sexual discrimination
after undergoing gender reassignment. The Employment Tribunal
dismissed his application and the EAT uphld this, considering the
matter generally and finding per curiam: "The use by Lord Steyn
in Mahmud v Bank of Credit and Commerce International SA [1997]
ICR 606, 621 of the conjunctive word "and" instead of "or" in his
formulation of the implied test—an employer shall not, without
reasonable and proper cause, conduct itself in an manner
"calculated and likely" to destroy or seriously damage the
relationship of trust and confidence between employer and
employee—should be regarded as a simple error.