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Direct discrimination and harassment
11 July 2011
The Court of Appeal in the case of Grant v HM Land Registry has ruled that an employee had not been subject to direct discrimination or harassment, on the grounds of sexual orientation, after the employee had ‘come out’ at work.
It was held that when his new line manager made reference to the employee’s sexuality her disclosure was not an act of discrimination or harassment. This is because it was not her intention to violate the employee’s dignity or to create an intimidating, hostile, humiliating or offensive environment for the employee. Furthermore, the decision reached by the Court of Appeal, was also based upon the fact that the employee had made know his sexual orientation after telling colleagues. Therefore this information was in the public domain.
However the Court of Appeal stressed their decision does not mean that when an employee ‘comes out’ remarks or reference to the employee’s sexuality cannot amount to discrimination or harassment. Instead whether actions amount to discrimination or harassment depends on the circumstances and the intention / purpose of the remark.
If you are an employer or employee, and would like advice on discrimination or harassment, please contact our Employment Team.
Ellen Crabtree
Solicitor
