Q. At work, the lads in the factory are constantly taking the mickey out of me because I was spotted going into a gay bar in Newcastle last year. I am not gay and the lads know it, but this doesn't stop them making their jokes. At first I laughed the jokes and comments off. However, they won't lay off and now it is really starting to annoy me and I am having to keep myself from hitting back. I have complained to the boss who told me that, as I'm not gay, there's nothing he can do and I should just get on with it. What do you suggest I do?
A. It is unlawful to harass an employee on the grounds of their sexual orientation. I can see how your boss may think that, as you are not gay, the harassment s not based upon your sexual orientation. However, he is wrong.
A recent case established that there is no difference between tormenting a man who is believed to be gay and a man who is known not to be gay. If this were not so (i.e. if the protection only applied to victims of harassment who were actually gay) then this would effectively mean that the victim would have to declare his or her sexuality to the boss to make the conduct unlawful. It is not right that an employee should have to "out" themselves to get protection from such behaviour.
The sexual orientation of the victim is irrelevant and therefore, even though your colleagues know that you are not gay, their conduct is capable of amounting to unlawful harassment. Given this, your boss should act quickly to protect you from this or he will be in breach of the employment regulations.
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