English v Thomas Sanderson Blinds Ltd [2008] UKEAT 0556_07_2002 (20 February 2008)

English v Thomas Sanderson Blinds Ltd [2008] UKEAT 0556_07_2002 (20 February 2008)

Regulation 5 does not protect a claimant from harassment where the claimant is not homosexual, is not perceived to be homosexual, and the harassers do not believe him to be homosexual; the unwanted conduct was not on grounds of sexual orientation as required by the Regulation.

Citation
[2008] UKEAT 0556_07_2002
Parties
Appellant/claimant: Mr Stephen English; Respondent: Thomas Sanderson Blinds Ltd
Jurisdiction
United Kingdom
Judgment Date
20 February 2008
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Sexual Orientation Discrimination, Harassment, Interpretation of Regulations, Implementation of EU Directives
Employment Law Equality Law European Law Sexual Orientation Discrimination Harassment Interpretation of Regulations Implementation of EU Directives

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 3 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Mr Stephen English

Appellant/claimant

Thomas Sanderson Blinds Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Does Regulation 5 of the Employment Equality (Sexual Orientation) Regulations 2003 cover harassment where the claimant is not homosexual, is not perceived to be homosexual, and the harassers do not believe him to be homosexual?
  2. 2 Does the Regulation properly implement Directive 2000/78/EC?

Ratio Decidendi

Regulation 5 does not protect a claimant from harassment where the claimant is not homosexual, is not perceived to be homosexual, and the harassers do not believe him to be homosexual; the unwanted conduct was not on grounds of sexual orientation as required by the Regulation.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal to the Court of Appeal granted
  • Time for appealing extended to 21 days from the date of this judgment