The Court of Appeal has held that the Employment Equality (Sexual Orientation) Regulations 2003 do cover homophobic abuse against a man who is not gay and who is not perceived to be gay by those who made the remarks.
Tina McKevitt, lecturer in employment law at University of Sheffield, provides a round-up of employment tribunal decisions on discrimination.
In Pearce v Governing Body of Mayfield School, the Court of Appeal holds that in determining whether a lesbian teacher has been discriminated against on grounds of sex, the correct comparator to use is a male homosexual teacher.
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.
HR and legal information and guidance relating to harassment related to sexual orientation.