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English v Thomas Sanderson Ltd

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158:
incessant mockery ("banter" trivialises it) created a degrading and hostile working environment, and it did so on grounds of sexual orientation. That is the way I would prefer to put it. Alternatively, however, it can be properly said that the fact that the appellant is not gay, and that his tormentors know it, has just as much to do with sexual orientation – his own, as it happens - as if he were gay. If, as is common ground, tormenting a man who is believed to be gay but is not amounts to unlawful harassment, the distance from there to tormenting a man who is being treated as if he were gay when he is not is barely perceptible. In both cases the man's sexual orientation, in both cases imaginary, is the basis – that is to say, the ground - of the harassment. There is no Pandora's box here: simply a consistent application of the principle that, while you cannot legislate against prejudice, you can set out in specified circumstances to stop people's lives being made a misery by it.
157:
In my judgment it did not matter whether he was gay or not. The calculated insult to his dignity, which depended not at all on his actual sexuality, and the consequently intolerable working environment were sufficient to bring his case both within Regulation 5 and within the 1976 Directive. The
85:
case on the question of whether a person can claim discrimination for sexuality without being (or without revealing that one is) actually gay. The Court of Appeal decided that it was irrelevant whether someone was gay or not or the bullies believe the person is gay or not, if the harassment has
136:
However, he then said that the claimant’s difficulty was that nobody thought he was gay (at 23), so that the harassment was not on grounds of sexual orientation at all. It was a ‘vehicle for teasing the Claimant’ (at 24). He then said ‘without deciding the point, that the result may have been
106:, alleging that he had been the subject of homophobic mockery, but the tribunal rejected his claim because he admitted that none of his colleagues had actually thought he was gay. He was represented by Frederic Reynold QC. 261: 124: 103: 98:, was a heterosexual married man with three children who worked for Thomas Sanderson Ltd between 1996 and August 2005, when he left voluntarily. He went to an 246: 119:
At the Employment Appeal Tribunal, Peter-Clark J held he was not persuaded any material difference existed between the "on grounds" provisions in the
241: 162: 251: 236: 174: 129: 256: 266: 120: 127:. He held the Regulations do not properly implement the Directive (at 21), as was held by Burton J in 145:
The Court of Appeal by a majority applied the Directive directly, overturning the EAT's decision.
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gave the first judgment, and dissented, saying there was no harassment under regulation 5.
8: 193: 99: 45: 133:
IRLR 327. So people should be allowed to claim even when they are not themselves gay.
146: 230: 82: 220: 209: 150: 95: 102:, claiming harassment in the workplace under section 5 of the 125:
Employment Equality (Sexual Orientation) Regulations 2003
104:
Employment Equality (Sexual Orientation) Regulations 2003
165:
agreed with Sedley LJ, and said there was harassment.
216:'Landmark rulings strengthen gay rights in workplace' 194:
English v Sanderson Blinds Ltd (2008) EWCA Civ 1421
137:different on direct application of the Directive’. 262:Anti-discrimination case law in the United Kingdom 228: 114: 247:Court of Appeal (England and Wales) cases 196:at bailii.org, accessed 17 November 2016 175:Employment discrimination law in the UK 229: 242:United Kingdom LGBT rights case law 13: 140: 14: 278: 203: 153:found that there was harassment, 130:EOC v. SS for Trade and Industry 252:2008 in United Kingdom case law 237:United Kingdom labour case law 187: 94:Stephen English, who lived in 78:English v Sanderson Blinds Ltd 70:Laws LJ, Sedley LJ, Collins LJ 21:English v Sanderson Blinds Ltd 1: 7: 168: 109: 10: 283: 115:Employment Appeal Tribunal 210:Sanderson Blinds' website 69: 64: 56: 51: 41: 33: 25: 20: 180: 89: 86:sexuality as its focus. 160: 121:Sex Discrimination Act 155: 46:Full text of judgment 257:2008 in LGBT history 267:Harassment case law 163:Lawrence Collins LJ 100:Employment Tribunal 81:EWCA Civ 1421 is a 74: 73: 274: 197: 191: 60:UKEAT/0556/07/LA 37:19 December 2008 18: 17: 282: 281: 277: 276: 275: 273: 272: 271: 227: 226: 206: 201: 200: 192: 188: 183: 171: 143: 141:Court of Appeal 117: 112: 92: 29:Court of Appeal 12: 11: 5: 280: 270: 269: 264: 259: 254: 249: 244: 239: 225: 224: 212: 205: 204:External links 202: 199: 198: 185: 184: 182: 179: 178: 177: 170: 167: 142: 139: 116: 113: 111: 108: 91: 88: 72: 71: 67: 66: 62: 61: 58: 54: 53: 49: 48: 43: 39: 38: 35: 31: 30: 27: 23: 22: 9: 6: 4: 3: 2: 279: 268: 265: 263: 260: 258: 255: 253: 250: 248: 245: 243: 240: 238: 235: 234: 232: 223: 222: 218:(20.12.2008) 217: 214:Afua Hirsch, 213: 211: 208: 207: 195: 190: 186: 176: 173: 172: 166: 164: 159: 154: 152: 148: 138: 134: 132: 131: 126: 122: 107: 105: 101: 97: 87: 84: 83:UK labour law 80: 79: 68: 65:Case opinions 63: 59: 55: 50: 47: 44: 40: 36: 32: 28: 24: 19: 16: 221:The Guardian 219: 189: 161: 156: 144: 135: 128: 118: 93: 77: 76: 75: 57:Prior action 52:Case history 15: 231:Categories 42:Transcript 151:Sedley LJ 169:See also 123:and the 110:Judgment 96:Brighton 147:Laws LJ 34:Decided 181:Notes 90:Facts 26:Court 233::

Index

Full text of judgment
UK labour law
Brighton
Employment Tribunal
Employment Equality (Sexual Orientation) Regulations 2003
Sex Discrimination Act
Employment Equality (Sexual Orientation) Regulations 2003
EOC v. SS for Trade and Industry
Laws LJ
Sedley LJ
Lawrence Collins LJ
Employment discrimination law in the UK
English v Sanderson Blinds Ltd (2008) EWCA Civ 1421
Sanderson Blinds' website
'Landmark rulings strengthen gay rights in workplace'
The Guardian
Categories
United Kingdom labour case law
United Kingdom LGBT rights case law
Court of Appeal (England and Wales) cases
2008 in United Kingdom case law
2008 in LGBT history
Anti-discrimination case law in the United Kingdom
Harassment case law

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