Sexual Orientation Discrimination - Are You Aware Of The Regulations?

There has been a lot of fuss in the papers about a recent employment tribunal in which a straight woman, who worked at a gay nightclub as head of security, won a claim for discrimination on the grounds of sexual orientation.

The claimant in the case was repeatedly called a “breeder” by her gay boss. For those of you who, like me, may not have heard the expression before, it’s apparently a derogatory name for heterosexuals.

The claimant was eventually sacked and brought a claim before the employment tribunal, maintaining that she had been dismissed because she was straight.

The tribunal agreed that the claimant had been dismissed unfairly, on the basis that the employer had not followed proper procedures; however, it did not agree that she had been dismissed because of her sexuality.

The tribunal did agree that calling the claimant “breeder” amounted to harassment on the grounds of her sexual orientation and awarded her £3,000 for injury to feelings.

The interesting thing about this case from my point of view is not that the claimant won, but the attention the case has received.

A number of people have said that this is the first time a heterosexual employee has relied on the legislation ostensibly designed to protect homosexuals. This is wrong on two counts.

Firstly, back in 2005 a straight woman who was employed, and then dismissed, by a gay bar in Soho won damages for discrimination.

Secondly, the legislation is not just designed to protect homosexuals. The Employment Equality (Sexual Orientation) Regulations 2003 protect anyone from discrimination or harassment on the grounds of their actual, or in fact, their perceived, sexual orientation. It’s true that there have been fewer cases brought by straight employees, but this is probably because straight people are less likely to be discriminated against on the grounds of their sexuality.

The lesson for all employers is that an employee should never be treated differently because of their sexuality and, in particular, they certainly shouldn’t be mocked for it. One of the best ways of ensuring that all staff know this is to train everyone on equal opportunities.

For employees, as is usually the case, if you think you’re being treated badly on the grounds of your sexuality, put the ball in your employer’s court and raise a grievance.

Published 21/01/2008.