Legal advice

[ByGreatCat]

Hi,

If I made an offensive remark about a customer at work and they overheard this remark, can I be prosecuted in relation to this? How would they prove that I made the remark?

Depends what the remark was.

“look at his stupid green trousers” - no action could be taken.

a comment relating to their sexuality, religion, ethnicity etc (protected characteristics) - potential action.

Perfectly ok to offend someone’s sexuality, even if it’s nasty to do so. No one has the right to not be offended. Inciting violence or terrorism - yes illegal.

Depending on the context, of which we have none here - it could be a range of situations up to

"Any incident/criminal offence which is perceived, by the victim or any other person, to be motivated by a hostility or prejudice based on a person's sexual orientation or perceived sexual orientation"

which according to the CPS falls under Homophobic, Biphobic and Transphobic Hate Crime.

Not so @jeanclaude.There is no right not to be offended.