Source: Equal Opportunities Review Issue: 67 Date: 01-05-1996 Publisher: IRS

Harassment of homosexual not discriminatory

TOPICS:
equal opportunities sexual orientation
health and safety workplace environment
international European Union

CASES: below is a list of cases discussed in this article. Click the case title for more XpertHR resources on the case and related cases.

Smith v Gardner Merchant Ltd [1996] IRLR 342 EAT (2 reports)


In Smith v Gardner Merchant Ltd (13 February 1996) EOR67E, the EAT holds that harassment of a homosexual on grounds of sexual orientation cannot be regarded as falling within the prohibition of discrimination on grounds of sex.

The issues

This is the first EAT decision to raise directly the issue of whether harassment and other detrimental treatment of a person for reasons relating to their sexual orientation can be regarded as contravening the Sex Discrimination Act 1975.

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