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The recent case of Bivonas LLP v Bennett, illustrates the increasingly robust attitude of tribunals towards homophobia in the workplace.
Lee Bennett joined Bivonas LLP as a non-practising barrister in January 2007. He was open about his sexual orientation with his work colleagues. In April 2010, whilst reviewing a case file, Mr Bennett came across a three-page handwritten memo made by one of the partners in the firm. Amongst other uncomplimentary comments about Mr Bennett’s work, the note remarked that Mr Bennett “takes our cases to his batty boy mate”, inferring that Bennett, as a gay man, was passing on work to somebody else because they were also gay.
Mr Bennett raised a grievance; Bivonas LLP carried out a short and defective investigation and found that the comments had been made as a personal ‘aide-memoire’ which was not intended to be kept or shown to anyone else. The firm did not uphold Mr Bennett’s grievance.
Mr Bennett brought a claim in the Employment Tribunal, claiming discrimination on the grounds of his sexual orientation.
The Employment Tribunal found that the wording of the note was insulting, not only because of the offensive nature of the language used, but also because it constituted a ‘professional slur of the utmost gravity’. By putting pen to paper, the partner ran the risk that the memo would later resurface and be seen by Mr Bennett or his colleagues. Mr Bennett won his claim.
Bivonas LLP appealed, however the Employment Appeal Tribunal upheld the Employment Tribunal’s findings.
Whilst there will clearly be cases where an Employment Tribunal must think long and hard about how a reasonable worker might respond to particular treatment, this was not such a case. The handwritten note was ‘offensive and insulting on its face’, it plainly constituted a detriment to Mr Bennett and it was no defence to say that the discriminatory comments were not meant to be retained or read.
If you believe that you have suffered discrimination at work and would like to speak to one of our specialist solicitors for further advice, please email pritti.bajaria@cwj.co.uk or telephone Pritti Bajaria on 01689 887846.