Andrew Kay receives a heartening response

In response to my article about hate crime I received the most excellent letter which I would like you all to read. It has certainly helped me to get a grasp of what I can do and what I should expect to be done.

“I read about your experience on the bus in the Latest Homes magazine. I thought I would get in touch to express my sympathy to you and say that you are not alone. I hope that you feel a little better now, after such an outrageous incident right in the heart of our community. Sadly, what you endured was what a lot of gay, lesbian, transgender and transsexual people are forced to suffer every year. You are an intelligent man so you will be aware that you were very much the witness to, and victim of both racist and homophobic bullying. What is most shocking is that it took place within Brighton and Hove!

“In hindsight it’s very easy to look back and ask what more one could have done”

I doubt you could have done more at the time without making the situation worse, so you shouldn’t feel bad. I’m sure you would have helped had this person physically assaulted those he verbally abused. In hindsight it’s very easy to look back and ask what more one could have done, but the fact is that you followed a very natural instinct not to make the situation worse. If you wish, there are things you can do even now to help other people know what to do should this ever happen again.

I believe that the bus driver and the bus company failed in their duty under the Equality Act 2010 to protect you and the other passengers, who had protected characteristics, as defined under the Act, from harm. It might have been unreasonable to expect the driver to stop the bus and ask the person to get off, but at what point would he have acted? If he was concerned for his own safety then he should have used his radio to inform his company of the matter and ask for the police to attend. Not taking any action was insufficient under the Act.

You are entitled to write to the bus company and ask what additional training their drivers have received in regards to the Act, since it would seem that on this occasion the driver failed to take appropriate action to protect you and the other passengers from harm. Under the Act, the bus company has a duty to make their staff aware of their obligations and if they have failed to do so, they are simply accepting this sort of behaviour and leaving themselves open to legal proceedings.

I know all this because we have to train our staff in regards to the Act. Regardless of whether you choose to act on this information or move on with your life, I hope you can accept it in the spirit of goodwill, as it is intended.

Kind regards
Wayne Sevenkurz