An employee claiming discrimination must first prove facts from which the tribunal could conclude, in the absence of an adequate explanation, that discrimination took place, as this case demonstrates.
The Employment Appeal Tribunal has held that the employment tribunal was correct to look at the employee's own perceptions and feelings to decide whether or not the alleged conduct constituted sexual orientation harassment.
Discrimination can occur even when a comment is in writing and discovered by an employee a long time after the comment was written down, as this case illustrates.
In this case, an employment tribunal found that a gay employee was harassed at a workplace event that he could not opt out of and that lent itself to banter of a sexual nature that could easily offend.
A quiz for line managers to test their knowledge on the law and practice relating to bullying and harassment.
The Employment Appeal Tribunal has held that an employment tribunal that held that an employee had been discriminated against on the ground of sexual orientation had failed properly to take into account, among other facts, that the employee had actively “come out” while working at a different office.
The employment tribunal found that a gay employee who worked at a Newcastle hotel had been discriminated against because of his sexual orientation after some of his colleagues made remarks about his sexuality.
HR and legal information and guidance relating to harassment related to sexual orientation.