A case before a Scottish Employment Tribunal (ET) has seen a gay man awarded £118,309 after his claim of discrimination under the Employment Equality (Sexual Orientation) Regulations 2003 was upheld.
Jonah Ditton claimed that he was harassed and discriminated against, because he is gay, during the eight days he worked as a media sales manager for CP Publishing Ltd. before he was sacked.
The ET heard that Mr Ditton's boss had called him a 'wee poof' and said that he looked like a 'cream puff'. The Tribunal Chairman described the conduct of the respondent as 'high-handed, malicious, insulting and oppressive' and considered the manner of Mr Ditton's dismissal, when he was told that he was not 'psychologically balanced', to have been degrading and humiliating.
As a result of the treatment he was subjected to, Mr Ditton became depressed and was unable to work.
The compensation award included £10,000 for injury to feelings, £76,937 for loss of earnings, £5,291 in interest and £26,081 on account of the company's failure to follow statutory procedures.
Says Dean Parnell, "Employers who are guilty of, or fail to prevent, less favourable treatment of an employee on the grounds of his or her sexual orientation can face heavy penalties. Name-calling, such as occurred in this case, or any behaviour which subjects an individual to unwelcome attention, intimidation, humiliation, ridicule, offence or loss of privacy is unacceptable. Differences in culture, attitudes and experience can mean that what one person thinks of as a normal social exchange is perceived by another as being harassment. If you are concerned about this issue, we can advise you on the steps to take to ensure the dignity of all employees is maintained."
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