Grant v HM Land Registry

Grant v HM Land Registry

Where a claimant has already made his sexual orientation public in the workplace, disclosure of that information by a manager, absent ill intent or a request for confidentiality, does not constitute direct discrimination or harassment under the Regulations, as any grievance about further dissemination is unreasonable and does not amount to a detriment or create a humiliating environment.

Parties
Appellant: Grant; Respondent: HM Land Registry; Intervener: The Equality and Human Rights Commission
Jurisdiction
England and Wales
Judgment Date
01 July 2011
Procedural Posture
Appeal From Employment Appeal Tribunal / Judgment on Appeal
Outcome
Appeal dismissed; case remitted to a new tribunal to consider remaining complaints.
Legal Topics
Direct Discrimination, Harassment, Sexual Orientation Discrimination, Privacy, Comparators in Discrimination Law
Employment Law Equality Law Direct Discrimination Harassment Sexual Orientation Discrimination Privacy Comparators in Discrimination Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Grant

Appellant

HM Land Registry

Respondent

The Equality and Human Rights Commission

Intervener

Procedural Posture

Appeal From Employment Appeal Tribunal / Judgment on Appeal

Legal Issues

  1. 1 Whether disclosure of claimant's sexual orientation by a manager constituted direct discrimination or harassment under the Employment Equality (Sexual Orientation) Regulations 2003
  2. 2 Whether the Employment Tribunal failed to consider relevant facts, specifically that the claimant had previously made his sexual orientation public
  3. 3 Whether the findings of the Employment Tribunal were flawed for not considering the context and comparator appropriately

Ratio Decidendi

Where a claimant has already made his sexual orientation public in the workplace, disclosure of that information by a manager, absent ill intent or a request for confidentiality, does not constitute direct discrimination or harassment under the Regulations, as any grievance about further dissemination is unreasonable and does not amount to a detriment or create a humiliating environment.

Court Disposition

Appeal dismissed; case remitted to a new tribunal to consider remaining complaints.

Orders

  • Case remitted to a different tribunal to consider the other four complaints only.