X v Y ET/1605521/09
sexual orientation | direct discrimination | harassment
In X v Y, an employment tribunal found that a gay employee was subjected to harassment during a workplace charity event that he could not reasonably opt out of. The tribunal concluded that the conduct amounted to sexual orientation harassment and direct discrimination, rejecting the employer’s argument that it was harmless banter. The case highlights the risks for employers of failing to manage behaviour at work‑related social events and the importance of setting clear expectations that discriminatory conduct will not be tolerated, even where events are intended to be informal or light‑hearted.
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