Homophobic ‘banter’ was not discriminatory
The EAT ruled that protection from harassment under Regulation 5 of the Employment Equality (Sexual Orientation) Regulations 2003 does not extend to individuals who are known to be heterosexual, but nevertheless are subjected to homophobic abuse.
Mr English, who is heterosexual, claimed that he had been the subject of unlawful harassment under Regulation 5 of the Employment Equality (Sexual Orientation) Regulations 2003. His claim was based on the fact that for many years he had been subjected to sexual innuendo by his work colleagues to the effect that he was homosexual, which created an offensive working environment.
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