Homophobic banter in the workplace

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The Employment Appeal Tribunal (EAT) in the UK has upheld an employment tribunal decision that a heterosexual employee who was subjected to homophobic banter at work did not suffer harassment under the Employment Equality (Sexual Orientation) Regulations 2003. The employment tribunal had correctly taken into account the employee’s own “extremely offensive behaviour” (it was reported that he had himself written a number of articles which were “riddled with sexist and ageist innuendo”) and the fact that he had remained friends with his alleged tormenters and not complained about them, in concluding that the relevant conduct did not have the effect of harassing him.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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