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 who (a) is not gay (b) is not perceived / assumed to be gay by his fellow workers and (c) accepts they do not believe him to be gay.
Held: ET entitled to find, on those facts, Claimant not protected by Regulation 5; but query whether covered by the Directive (2000/78/EC).
Judgment of Burton J in EOC v Secretary of State for Trade and Industry [2007] IRLR 327 applied to S.O. Regs.
Permission to appeal granted to Appellant/Claimant.
[2008] UKEAT 0556 – 07 – 2002, [2008] IRLR 342, [2008] ICR 607
Bailii
England and Wales
Cited by:
Appeal from – 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 . .
See Also – Thomas Sanderson Blinds Ltd v English EAT 21-Feb-2011
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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 29 September 2021; Ref: scu.264640