Sexual orientation discrimination | Equality, diversity and human rights | Employment law cases | HR Tools

ECJ considers if homophobic comments made in radio interview breached EU law

Date:: 6 May 2020

In NH v Associazione Avvocatura per i diritti LGBTI, the European Court of Justice held that a senior lawyer's comments on a radio programme that he would not wish to recruit homosexual people fell within the scope of the Equal Treatment Framework Directive (2000/78/EC) even though his firm was not recruiting, or planning to recruit, at the time.

£174,000 award for gay employee who suffered homophobic taunts

Date:: 16 April 2020

In Allen v Paradigm Precision Burnley Ltd and another, an employment tribunal found that homophobic comments made by colleagues to to a gay employee amounted to sexual orientation harassment.

Sexual orientation discrimination: Tribunal identifies wrong hypothetical comparator

Date:: 9 April 2019

In Governing Body of Sutton Oak Church of England Primary School and others v Whittaker, the Employment Appeal Tribunal held that an employment tribunal failed to identify an appropriate hypothetical comparator when deciding that a gay teacher's dismissal for inappropriate meetings with a pupil constituted sexual orientation discrimination.

Constructive dismissal: School mishandles disciplinary action against headteacher

Date:: 3 April 2019

In Governing Body of Tywyn Primary School v Aplin, the Employment Appeal Tribunal (EAT) upheld a headteacher's constructive dismissal and sexual orientation discrimination claims after his school mishandled disciplinary action over his lawful sexual activities with two 17-year-olds he met through Grindr.

No direct sexual orientation discrimination in Christian bakery's refusal to make "gay cake"

Date:: 11 October 2018

In Lee v Ashers Baking Co Ltd and others, the Supreme Court held that a Christian bakery did not commit direct sexual orientation discrimination in the provision of goods and services when it refused to fulfil a cake order with a message in support of same-sex marriage.

Sexual orientation discrimination: Christian hotel owners directly discriminated against civil partners in refusing them double room

Date:: 31 March 2014

In Bull and another v Hall and another [2013] UKSC 73 SC, the Supreme Court held that Christian hotel owners directly discriminated against a same-sex couple who were civil partners when they refused them a double-bedded room in accordance with their policy of letting such rooms to married couples only.

Sexual orientation discrimination: Christian B&B owners' refusal of double-bedded room for civil partners not justified

Date:: 2 December 2013

The Supreme Court has held that the owners of a bed and breakfast, whose religious beliefs include that sexual relations outside heterosexual marriage are sinful, could not justify their refusal to give civil partners a room with a double bed, in this important discrimination case on the conflict between sexual orientation laws and the right to manifest religious beliefs.

Case round-up

Date:: 1 July 2013

David Malamatenios is a partner, and Colin Makin, Krishna Santra, Sandra Martins and Melissa Powys-Rodrigues are solicitors at Colman Coyle Solicitors. They round up the latest rulings.

Sexual orientation discrimination: Homophobic comments discovered in archived case file were discriminatory

Date:: 21 August 2012

In Bivonas LLP and other v Bennett EAT/0254/11, the EAT held that an employment tribunal was entitled to find that “offensive and insulting” homophobic comments in a written memorandum plainly constituted a detriment to the gay lawyer who was the subject of the comments.

Heterosexual employee called "gay" because he does not like football wins harassment claim

Date:: 2 August 2012

In this tribunal decision, an employee who suffered workplace abuse successfully claimed sexual orientation and religion or belief harassment, despite being heterosexual and not declaring his religious beliefs.

Employment law cases

All items: Sexual orientation discrimination

ECJ considers if homophobic comments made in radio interview breached EU law

£174,000 award for gay employee who suffered homophobic taunts

Sexual orientation discrimination: Tribunal identifies wrong hypothetical comparator

Constructive dismissal: School mishandles disciplinary action against headteacher

No direct sexual orientation discrimination in Christian bakery's refusal to make "gay cake"

Sexual orientation discrimination: Christian hotel owners directly discriminated against civil partners in refusing them double room

Sexual orientation discrimination: Christian B&B owners' refusal of double-bedded room for civil partners not justified

Case round-up

Sexual orientation discrimination: Homophobic comments discovered in archived case file were discriminatory

Heterosexual employee called "gay" because he does not like football wins harassment claim

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