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Discussing sexual orientation

18 July 2011 #Employment


It is not discrimination to simply discuss the fact of someone`s sexual orientation, when this has already been made public.

In Grant v HM Land Registry (2011), Mr Grant, who is gay, brought a claim for sexual orientation discrimination after he discovered his manager had discussed Mr Grant`s sexuality with a colleague.  Mr Grant transferred from Lytham Land Registry office, where he had been "out" as a homosexual, to the Coventry office.  His new manager had mentioned Mr Grant`s sexual orientation to a colleague in Coventry.

The Court of Appeal found that there had been no direct discrimination or harassment. Mr Grant`s sexuality was already public knowledge and it had been discussed in an idle conversation without any ill-purpose.  Of course, had Mr Grant not already been open about his sexuality, any "outing" by his manager or other colleagues could have amounted to discrimination.
Clarkslegal, specialist Employment lawyers in London, Reading and throughout the Thames Valley.
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