Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Sexual harassmentCase lawEmployment lawEquality, diversity and inclusionEmployment tribunals

Case of the week: homophobic banter and the heterosexual

by Personnel Today 10 Mar 2008
by Personnel Today 10 Mar 2008

English v Thomas Sanderson Blinds Ltd, Employment Appeal Tribunal

FACTS

Mr English complained to an employment tribunal that, for a number of years, his work colleagues had subjected him to ‘banter’ to the effect that he was homosexual. He claimed this course of conduct started when a manager discovered that he (a) had attended boarding school and (b) lived in Brighton (the UK city with the largest proportion of gay residents).

English is not homosexual, his colleagues did not mistakenly or genuinely believe him to be homosexual and, most importantly, English accepted that they did not believe he was homosexual.

However, he argued that the banter amounted to harassment contrary to Regulation 5 of the Employment Equality (Sexual Orientation) Regulations 2003, which defines harassment as unwanted conduct by a person, on grounds of sexual orientation, which has the purpose or effect of violating that person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.

DECISION

Reluctantly, the Employment Appeal Tribunal (EAT) dismissed the appeal and concluded that English had not been harassed within the meaning of the regulations, ie, “on the grounds” of sexual orientation, since the banter was not based on a perception or even incorrect assumption that he was homosexual. However, the EAT went on to consider whether the regulations properly implemented the EU directive under which they were made, which (among other things) prohibits harassment “related to” sexual orientation.

The EAT drew an analogy with Equal Opportunities Commission v Secretary of State for Trade and Industry, in which the commission was successful in arguing that amendments to the Sex Discrimination Act 1975 failed properly to implement a different, but similarly worded, EU directive because the amendments only outlawed harassment “on the grounds of her sex”, rather than harassment “related to”, or even “on the grounds of sex”. The amendments required an analysis of the reason for the harasser’s behaviour and didn’t merely prohibit the form that the harassment took. It was argued that this was not the intention of the directive, given that its purpose is to promote equal treatment. The EAT said the same analysis applied to the sexual orientation regulations.

The EAT commented that the result may have been different if English had been able to bring a claim under the directive itself (which he could not), rather than under the regulations. The EAT went as far as to describe this as an unsatisfactory state of affairs, and gave leave to appeal to the Court of Appeal. If that appeal fails, it is expected that the Sexual Orientation Regulations will have to be amended so that they properly comply with EU law.

KEY IMPLICATIONS

Although this is a disappointing result for employees, employers can still offer some protection through their own ‘dignity at work’ and harassment policies and by promoting a general culture of respect and tolerance.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

As always, grievances raised by employees in relation to harassment should be handled sensitively, in good time and in accordance with the company’s policy, or the Statutory Grievance Procedure as a minimum.

However, despite being initially promised by October 2007, the amendments to the Sex Discrimination Act ordered in the EOC case have not yet materialised, so it seems that any changes to the Sexual Orientation Regulations may be a long way off.

Personnel Today

Personnel Today articles are written by an expert team of award-winning journalists who have been covering HR and L&D for many years. Some of our content is attributed to "Personnel Today" for a number of reasons, including: when numerous authors are associated with writing or editing a piece; or when the author is unknown (particularly for older articles).

previous post
Stress management – why bother?
next post
HR needs to prove link between staff spend and profits

You may also like

Fire and rehire: the relocation question

22 May 2025

Restaurant tips should be included in holiday pay

21 May 2025

Fewer workers would comply with a return-to-office mandate

21 May 2025

Redefining leadership: From competence to inclusion

21 May 2025

Consultation launched after Supreme Court ‘sex’ ruling

20 May 2025

Black security manager awarded £360k after decade of...

20 May 2025

Minister defends Employment Rights Bill at Acas conference

16 May 2025

CBI chair Soames accuses ministers of not listening...

16 May 2025

Union rep teacher awarded £370k for unfair dismissal

15 May 2025

EHRC bows to pressure and extends gender consultation

15 May 2025

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+