Employee being openly gay affected harassment claim

Whilst the Tribunal upheld most of his claims, the EAT allowed the employers appeal stating that the Tribunal should have taken into account the fact that the Claimant was openly gay and that his sexuality was well known amongst his former colleagues.  The EAT said that the Claimant’s openness about his sexuality was relevant to his manager’s reasons for treating him as she did, and this went to the reasonableness of the Claimant’s reactions to that treatment.

The case has been remitted to the Tribunal for reconsideration.