In English v Thomas Sanderson Blinds Ltd UKEAT/0556/07 an individual's claim for harassment by colleagues on grounds of sexual orientation failed on the basis that he was not, and was not perceived to be, homosexual and because he accepted that his colleagues did not believe him to be homosexual.

However, the EAT has given permission for leave to appeal to the Court of Appeal on grounds that in its view the Employment Equality (Sexual Orientation) Regulations 2004 do not properly implement Directive 2000/78/EC in that the definition of "harassment" under the regulations is narrower than that under the Directive. In reaching its decision, the EAT referred to the order made by the High Court in Equal Opportunities Commission v Secretary of State for Trade and Industry under which the definition of "harassment" under Sex Discrimination Act 1975 must be amended.