LGB Discrimination cases

English v Thomas Sanderson Limited (Dec 2008)- In this case Mr. English, who was heterosexual, had been subject to homophobic teasing and bullying by his colleagues, because he lived in Brighton and had attended boarding school. His tormentors knew that he was not gay and he knew that they did not believe him to be gay. Originally the EAT decided that the UK's laws against harassment on the grounds of sexual orientation did not protect Mr. English but the Court of Appeal overturned that decision, by a majority. Discrimination by perception is now included in the Equality Act.

In Whitfield v Cleanaway UK, Rob Whitfield brought a claim against his employer on the basis that he had suffered a campaign of sustained abuse and homophobic insults. The taunts were made not just by co-workers but also by senior managers who, by their behaviour, indicated that they thought such discrimination was acceptable. Mr Whitfield was awarded over £35,000 in compensation and his case has graphically highlighted the need for legislative protection for lesbian, gay and bi-sexual workers.

Bielak vs Next - Marlene Bielak told a Merseyside tribunal that her former colleague called her a "f**king dyke" and played All The Lazy Dykes by Morrisey each time she entered the shop's storeroom. Bielak told the tribunal that Katrina and Neil Davies, a married couple who both worked at the same store, made it clear that they were disgusted by her lifestyle and questioned whether she and her partner were fit to raise their seven-year old son. Bielak, who joined Next in October 2003, said the company did not act on the formal complaint she made and, after 14 months, she was forced to resign. The employment tribunal ruled that she was subjected to homophobic harassment and unfairly dismissed by the retail group Next.

April 2008 - Allwyn Rondeau was employed by G4S as a security guard at Heathrow. His supervisor sexually harassed him, and taunted him about his sexuality. When he rejected her advances, she made a complaint of inappropriate behaviour. The tribunal found against her, and awarded him compensation of £62.5k.

Further cases can be found on the Stonewall web site.

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