Business Law

Legal Rights and Responsibilities
Report

Case Study 1
Summary
Roger is a Customer Service Assistant at Wagner’s a department store in Birmingham. Because of his sexual orientation as a homosexual, he was constantly taunted by his colleagues. Roger presented the situation to his manager, but he saw no changes made in this direction. Eventually Roger was dismissed because he became depressed and unable to work.

Specific Legislation
Sexual Orientation Discrimination
It is against the law for the employer to discriminate against, victimise or harass the employee because of his or her sexual orientation, or his or her perceived sexual orientation.
The employee is protected against sexual orientation discrimination if:
  * he/she is lesbian, gay, bisexual or heterosexual
  * people think the individual is gay, lesbian or heterosexual when you are not
  * he/she have gay friends or visit gay clubs
Protection against discrimination starts when the individual applies for a job and continues through his/her employment. Discrimination protection covers:
  * recruitment
  * terms and conditions of employment (including benefits such as pensions)
  * pay
  * employment status (eg if the individual is a worker or an employee)
  * training
  * promotion and transfer opportunities
  * redundancy
  * dismissal

Advice for Roger
Roger could make an application to an employment tribunal for sexual orientation discrimination because he is unhappy with the way his employer dealt with his discrimination complaint. Roger can also ask for assistance at ACAS (Advisory, Conciliation and Arbitration Service) in finding a solution that is acceptable for both parties.
The legal issues affecting Roger’s rights and Wegner’s responsabilities
Light-hearted conversations and "banter" between colleagues may not amount to discrimination where an employee similarly participates in these discussions, but these conversations can reach a "tipping point" where...