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.
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.
In English v Thomas Sanderson Blinds  EWCA Civ 1421 CA, the Court of Appeal held that alleged homophobic abuse towards a man who is not gay, and aware that the perpetrators did not believe him to be gay, amounts to harassment on the grounds of sexual orientation.
The materials and information included in the XpertHR service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Use of the service is subject to our terms and conditions.