Case report round-up: Employee's own perceptions and feelings relevant to sexual orientation harassment claim

XpertHR's latest case reports cover:

Constructive dismissal: No breach of contract in steps taken to prevent rival poaching employees In Tullett Prebon Plc and others v BGC Brokers LP and others [2011] IRLR 420 CA, the Court of Appeal held that employees who had signed "forward contracts" to join a future employer that had engaged in an unlawful conspiracy to lure them away from their existing employer were entitled to terminate the forward contracts on the basis of the conspiratorial conduct. Further, in seeking to persuade them and other employees to stay, the existing employer had not committed a breach of trust and confidence entitling those who left to terminate their contracts lawfully. (Employment Review)
Sexual orientation: Claimant's behaviour meant conduct complained of did not amount to harassment In Thomas Sanderson Blinds Ltd v English EAT/0316/10 & EAT/0317/10, the EAT held that the employment tribunal was correct to look at the employee's own perceptions and feelings. The tribunal was entitled to conclude that the claimant's behaviour showed that the conduct complained of did not in fact amount to unwanted conduct with the proscribed effect. (Employment Review)

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