Wendy and I went for a slap-up meal in Wilmslow last night, to celebrate the beginning of another year together. It was the kind of gastropub where you go to the bar at the beginning to order your drinks and set up a tab. Well, before I managed to catch the eye of the barmen for service, I overheard one call the other a ‘gayboy’.
Now, I don’t know what preceded that remark, and I have no idea whether either or both of them were in fact gay. And because I interrupted them, I’ll never know whether the recipient was offended by the word. But it didn’t half get me thinking.
Firstly, it doesn’t matter whether he was homosexual. If that was directed to him or offended him because, say, he has a gay friend or family member, it’s discrimination by association and it’s therefore just as serious as if he was gay.
Secondly, what if I or another customer or employee was offended by it? Creating an atmosphere where others feel uncomfortable or discriminated against due to language and behaviour can also result in an employment tribunal, not to mention a bad reputation.
Thirdly and finally, it’s an insult. The definition of workplace bullying is hazy, and the employer’s responsibility to take action is largely up to them. But if it did lapse into discrimination or harassment, or if the employee accused you of constructive dismissal, you’d be in a lot of hot water.
The golden rule, basically, is that protected characteristics are a no-go area. If it had been a racist, sexist, ageist or disability-related insult, there would be uproar, but for some reason sexuality is still seen as fair game for banter. We’ve come so far in offering gay rights in the workplace, to the extent that same sex civil partners now have the same rights as a husband and wife. Unfortunately, a single badly-judged comment by one employee could spell disaster for the whole company; but I believe it stems from deep-seated ignorance on an individual level, which is something your average small business would find difficult to address.
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