Under the Employment Equality (Sexual Orientation) Regulations 2003, it is unlawful to subject an employee to direct or indirect discrimination, harassment or victimisation on the ground of their sexual orientation.

In one of the first cases to be heard under the new Regulations, the Tribunal heard that rumours about the Claimant's sexuality were escalated by his manager and an HR officer and his employer did nothing to prevent the intimidating, degrading and hostile environment.

The Tribunal held the employee had been subject to both direct discrimination and harassment. The fact that the employee in question did not want to raise a formal grievance made no difference to the employer's duty to take action, noting that it is usual for employees to not want to complain.

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