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Lesbian employee told not to make her sexuality common knowledge discriminated against

Makbool Javaid
trans equality

In McMahon v Redwood TTM Limited, M complained that she had suffered discrimination because of her sexual orientation when she made the MD aware in the first week of her employment that she was gay and he asked her not to make it common knowledge as the owner (Mr Atherton) was old school. An ET upheld M’s claim finding that M did make the MD aware of her sexuality early into her employment, despite his protestations to the contrary and whilst not considering him to be homophobic in any way the ET also believed that he did suggest that she kept it under wraps as the ET felt that the reference to Mr Atherton being ‘old school’ had a ring of authenticity about it. In such circumstances M had been treated less favourably because of her sexual orientation by being asked not to disclose her sexuality when compared with a hypothetical person not attracted  to people of the same sex, as it would be inconceivable that such a person would have been asked to do so.

The updates are kindly provided by Simons Muirhead & Burton Law firm

This update provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and help judgments made in every aspect of the case. Click on the links to access full details. If no link is provided, contact us for more information.  Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

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