EAT SEXUAL ORIENTATION DISCRIMINATION/TRANSEXUALISM
PRACTICE AND PROCEDURE – Review
Harassment on grounds of sexual orientation. The Tribunal directed itself correctly in looking at the Claimant’s own perceptions and feelings in order to decide whether the alleged unwanted conduct had the effect of violating his dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for him. Richmond Pharmacology v Dhaliwal [2009] IRLR 336 applied. Claimant’s appeal dismissed.
Review. The Tribunal reviewed its earlier judgment on the grounds that there was an issue, A2, which it had not considered. However it was clear from the procedural history that issue A2 was not argued by the Claimant at the September hearing, and in particular that the way in which the Tribunal interpreted issue A2 (as a racially discriminatory constructive dismissal) had been positively disavowed in 2007 and was never argued at the September hearing. In those circumstances there was no proper basis for the Tribunal to hold a review.
Richardson J
[2011] UKEAT 0316 – 10 – 2102
Bailii
England and Wales
Citing:
Applied – Richmond Pharmacology v Dhaliwal EAT 12-Feb-2009
EAT HARASSMENT: Purpose
Tribunal was entitled to find that a remark made by an employer to a female employee of Indian ethnic origin referring to the possibility of her being ‘married off in India’ had the . .
See Also – English v Thomas Sanderson Blinds Ltd EAT 20-Feb-2008
EAT Sexual Orientation Discrimination/Transexualism
Harrassment
Reach of Regulation 5 (harassment) of the Sexual Orientation Regulations 2003. Whether it covers homophobic banter directed towards a man . .
See Also – English v Thomas Sanderson Ltd CA 19-Dec-2008
The claimant appealed dismissal of his claim for harrassment and sex discrimination. Though heterosexual, he had been subject to persistent jokes that he was homosexual. The court first asked whether the alleged conduct was ‘on the grounds of sexual . .
Lists of cited by and citing cases may be incomplete.
Updated: 06 September 2021; Ref: scu.430553
