The Equality and Human Rights Commission is supporting the case of Stephen English, a married heterosexual man who has brought a claim against his former employer after suffering years of homophobic taunting. The Court of Appeal has reserved judgement on the case, which was heard on 31 October 2008.
A landmark decision by the Court will determine whether anti-discrimination laws on harassment cover homophobic abuse where the perpetrators are fully aware that the victim is not gay, but where their abuse is motivated by homophobia and associated stereotypes.
A positive result will mean protection for others who are subjected to harassment because they have what some people see as stereotypical qualities of members of a group currently protected under existing anti discrimination legislation.
Stephen English suffered years of homophobic taunting including abusive name-calling and having jokes made at his expense by colleagues. The abuse was so habitual that homophobic jokes identifying him were printed in an official staff newsletter on several occasions.
His colleagues were aware that he was not gay and Mr English accepted that they knew that he was not gay. However, after his employers, Thomas Sanderson Blinds Ltd, failed to take action, he brought a claim against them for harassment on grounds of sexual orientation under regulation 5 of the Employment Equality (Sexual Orientation) Regulations 2003.
An employment tribunal subsequently dismissed his case on the grounds that Mr English was not covered by regulation 5, which only applies to harassment based on actual or perceived sexuality.
Following a further appeal to the Employment Appeal Tribunal on 17 January 2008, supported by the Equality and Human Rights Commission, the Tribunal gave him permission to appeal to the Court of Appeal to clarify the law surrounding his treatment.
The Commission will also continue to take a firm position on cases of discrimination brought by lesbian, gay and bisexual people.
John Wadham, Group Legal Director of the Equality and Human Rights Commission, said:
'Sustained homophobic bullying is unacceptable in the workplace. The fact that Stephen English’s colleagues knew he wasn’t gay doesn’t excuse their behaviour – the harassment he suffered was distressing.'
'Victims of this type of abuse currently have little or no legal protection, and this is a new area of law that needs to be tested. By supporting Mr English’s case, we hope to clarify the law to protect those who suffer sustained harassment based on old-fashioned stereotypes.'
Ends
For more information contact the Equality and Human Rights
Commission Media Office on 02031170255, out of hours 07767272818.
Notes to editors
- Regulation 5 of the Employment Equality (Sexual Orientation) Regulations 2003, (“the sexual orientation regulations”) provides that a person “A” subjects another person “B” to harassment where, on grounds of sexual orientation, A engages in unwanted conduct which has the purpose or effect of –
(a) violating B’s dignity; or
(b) creating an intimidating, hostile, degrading, humiliating or offensive environment for B
Conduct shall be regarded as having the effect specified in paragraph (1) (a) or (b) only if, having regard to all the circumstances, including in particular the perception of B, it should reasonably be considered as having that effect.
- The current framework suggests that the only persons who come within the ambit of regulation 5 SOR are: those who are harassed personally because of their sexual orientation; those who are harassed by harassers who have a genuine albeit mistaken belief that the victim is of a particular sexual orientation; those who are harassed because of their failure to follow instructions to discriminate against others who are of a particular sexual orientation; and those who are harassed because of their relationship with others who are of a particular sexual orientation.
The Equality and Human Rights Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission.
The Equality and Human Rights Commission is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights.
The Equality and Human Rights Commission enforces equality legislation on age, disability, gender, race, religion or belief, sexual orientation or transgender status, and encourage compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.
The Equality and Human Rights Commission operates a helpline for members of the public who are affected by the issues which form part of its remit, including homophobic bullying and harassment. It can be contacted at 08456046610 in England, 08456045510 in Scotland and 08456048810 in Wales.