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Homophobic Banter Not Covered By New Regulations

A man has taken his former employers to court for the homophobic taunts he received, even though he was straight.

Stephen English, 56, claims he was repeatedly called a "faggot," and had to resign after nine years as a salesman with a blinds company because the harassment got so bad.

He lost his claim for sexual discrimination at a tribunal and at an employment appeal tribunal but the state-funded Equality and Human Rights Commission has taken up his case and will pursue it to the Court of Appeal.

The married father of three joined Portsmouth-based Thomas Sanderson Blinds in 1996, going on to become a team leader.

The alleged remarks started when a colleague discovered Mr English had been to boarding school and lived in Brighton.

"He appeared to have assumed from these two facts that I had homosexual tendencies, despite the fact that I was happily married with three daughters," Mr English told the tribunal.

"It became obvious to me that he had shared his views with numerous colleagues. I regularly had to endure remarks such as 'faggot' at national sales meetings, team meetings at my home and regional managers' meetings."

"I was questioned as to whether I had been marching up and down Dukes Mound lately, which is a notorious gay pick-up point in Brighton."

Further comments were made about having sex with teachers at this boarding school, and comments were made in internal publications Blindside and The Standard, where he said he became known as "Mr Franglais."

A colleague had written that he had visited his home and found him "heading off to a Gay Pride procession wearing skin-tight lycra cycling shorts."

"To a large extent I went along with the comments as being part of the banter which one has to endure as a result of working with extrovert sales people," Mr English said.

"However, I gradually grew more and more upset and worn-down by them particularly as my daughters were now teenagers and very impressionable."

A tribunal dismissed his claim last September after a two-day hearing and an appeal tribunal reached a similar verdict in January.

Judge Peter Clark said Mr English would have been able to bring a discrimination claim if his colleagues genuinely had thought he was gay.

A spokesman for the company said: "We are quite confident the case doesn't have any merit at all."

A spokesman for the Equality and Human Rights Commission told the Daily Mail: "Currently it is unclear whether those in situations similar to Mr English's benefit from the protection of the law."

"A positive ruling would help a wide range of individuals who have suffered harassment based on out-of-date stereotypes."

"This is a case about fair treatment in the work-place. Would you like your mother, or your brother or your best friend to be treated in the way Mr English alleges?"

Law firm Hempsons Solicitors told website SMEweb.com said it was clear from the judgement that the judge, Peter Clark, believed the scope of the Regulations to be too restrictive. He described the current legal position as "an unsatisfactory state of affairs."

Judge Clark questioned whether or not the Regulations complied with the European Directive which they were intended to implement.

He stated his decision would probably have been different if the case had been decided under the Directive and referred the matter up to the Court of Appeal.

Author: Joanne Oatts

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