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

This report relates to 1 case(s)

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.

Key points

  • In some cases, when addressing the issue of detriment, the employment tribunal “must think long and hard about how a reasonable worker would or might respond to particular treatment ...