The Equality Act 2010 is designed to protect you on the basis of your actual or perceived sexual orientation. For example, here’s a case that hit the news in February 2019.
Ben Plaistow joined HMP Woodhill as a prison officer in September 2014. One week in, a colleague asked if he was gay, apparently because of his haircut. A few days later, the custody manager also asked Ben about his sexuality, so he admitted he was bisexual.
After that, colleagues called him ‘poof’, ‘gay’, and even ‘vermin’. Other incidents included using a permanent marker pen to colour his bag pink, slapping his hand, and squirting water at him.
He complained about the treatment and even wrote to MPs, but it just got worse so he asked for a transfer back to his previous posting at HMP Bullingdon. He was told his application would be reconsidered when Woodhill wasn’t so short of staff.
In December 2015, Ben intervened to prevent a fight between two prisoners. Other prison officers were present but failed to assist him. Ben was accused of using too much force, which was used as a pretext to suspend him for gross misconduct in January 2016, and then dismiss him in August that year.
He took his former employer to the employment tribunal, where he said the verbal and physical abuse had made him feel like crying and took away his dignity.
The tribunal ruled that Ben was the victim of unfair dismissal, direct discrimination and harassment on the basis of his sexuality. His employers were found to have bullied him disguised as ‘banter’, tried to delay the case, used incorrect procedures, and gave unreliable testimony. They also made a series of errors when investigating his role in the altercation.
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