Sexual orientation
[ch 3: page 68]Sexual orientation is a protected characteristic under the EA10. Harassment is a common problem for lesbian, gay, bisexual and trans people and employment tribunals have regularly made substantial awards where such treatment has been encountered.
Stress caused by homophobia in the workplace can and does drive some workers into sickness absence:
In a case heard in 2012, Mr Bennett, an openly gay solicitor, came across an offensive memo tucked inside an old archived file which described him as “batty boy” — a term used here to describe overtly gay men — and suggested he was passing work to his “batty boy mate”.
After finding the note, the claimant went off sick and lodged a grievance. An apology was offered but the claimant brought a successful tribunal claim on the basis that he had suffered a detriment because of his sexual orientation. The employer appealed but the EAT upheld the complaint.
Bivonas LLP & Ors v Bennett UKEAT/0254/11