From the ACAS guideline on harassment
Generally, harassment:includes bullying, nicknames, threats, jokes, ‘banter’, gossip, intrusive or inappropriate questions and comments, excluding an employee (for example -ignoring them or not inviting them tomeetings), insults or unwanted physical contact.
is based on the victim’s perception of the unwanted behaviour rather than that of the harasser, and whether it is reasonable for the victim to feel that way
can also apply to an employee who witnesses harassment because of a protected characteristic and that has a negative impact on their dignity at work or working environment, irrespective of whether they share the protected characteristic of the employee who is being harassed
For the harasser to say their behaviour was not meant to be harassment or that the comments were ‘banter’ is no defence.
Employers and managers should be careful not to let their own views influence a situation or dismiss a concern because they do not deem the behaviour offensive themselves.
It is important to remember that if an employee feels strongly enough to raise a concern or make a complaint, the employer or manager should take it seriously, and deal with it correctly.
archive.acas.org.uk/media/4267/Equality-and-discrimination-understand-the-basics/pdf/Equality_and_discrimination_understand_the_basics_-_July_2019.pdf
From the ACAS guidelines on Sexual Orientation Discrimination
Sexual orientation discrimination: key points for the workplace20particular sexual orientation are the same.Such guesswork can often be done without realising –what is known as unconscious bias.Stereotyping can lead to problems, particularly concerning direct discrimination by perception and direct discrimination by association. For instance, see the example under ‘direct discrimination by perception’ earlier in this guide. Stereotyping can also trigger harassment and victimisation. For instance, see the example under ‘victimisation’ earlier in this guide.To find out more about the general origins of stereotyping see the companion Acas guide, Prevent discrimination: support equalityat www.acas.org.uk/equality. Also,see the Acas website pageat www.acas.org.uk/unconsciousbias.Unacceptable terminologyDerogatory terms that refer to somebody’s sexual orientation are clearly unacceptable and discriminatory.It is important to remember that discrimination might not only affect those who are part of a smaller group. It can affect others, too. So, employees and employers should be careful not to overlook potentially offensive comments simply because they are aimed at a large part or majority of the workforce. An employer should provide equality training explaining to managers and staff that even referring to an employee’s sexual orientationat all unnecessarily could be potentially discriminatory. It is important for everyone to remember that certain words have the potential to cause offence and therefore there is a need to be considerate as to how such words might be perceived by others. With discrimination, it is generally how the recipient perceives words and actions, rather than the intention of the person delivering them.
When an employer receives a complaint about sexual orientation discrimination, it should take the matter very seriously, and listen carefully and with empathy to what the employee says.
All employers should have discipline and grievance procedures, and each employee’s contract of employment should include information on where the details can be easily found.
archive.acas.org.uk/media/4411/Sexual-orientation-discrimination-key-points-for-the-workplace/pdf/Sexual_Orientation_Discrimination_Nov.pdf
Oh they didn;t have contracts did they.