A former removal firm worker has won £5,500 at tribunal after his supervisor and another colleague directed homophobic remarks at him.
Sean McGhie’s supervisor, Brian Donaldson, called him a “wee woofter” during an argument, the tribunal heard.
Donaldson claimed that the remark was made as a joke, and that he believed it would diffuse the situation. On another occasion, one of McGhie’s other colleagues also made a homophobic remark while moving items to an upstairs office, according to the tribunal record.
An employment tribunal deemed McGhie’s claims of harassment and injury to feelings successful against his employer, RHT Scotland. The decision was published on 23 April.
HR leaders and managers should train all staff on the impact discriminatory language, stated Paul Modley, managing director of diversity, equity, inclusion and belonging (DEIB) at workforce solutions provider AMS.
Speaking to HR magazine, he advised employers to “provide appropriate training that educates employees on the impact of microaggressions and discriminatory language. This training should emphasise the importance of an inclusive culture and equip employees with the tools to recognise and challenge inappropriate behaviour.
“Any form of discriminatory language or behaviour, including so-called ‘banter‘, is unacceptable. Managers should model respectful behaviour and hold themselves to the highest level of such behaviour.”
Read more: Workplace ‘banter’ costs firm £15k in discrimination claim
Modley added: “HR should ensure that there is appropriate opportunity for leaders and their teams to explore these circumstances in a learning way, so that teams can recognise microaggression and biases.”
Paul Sesay, CEO of DEI consultancy Inclusive Companies, agreed that training is key to employers avoiding situations where they could face claims. He also noted that LGBTQ+ colleagues are protected from all forms of discrimination under the Equality Act 2010.
Speaking to HR magazine, he said: “Homophobic remarks are often driven by the ignorance or discomfort of someone who has a different sexual orientation. The best way to avoid this is for employers to educate and train all staff, from the most senior managers to junior employees. Central to this is to make it very clear that so called ‘banter’ that uses discriminatory language, even delivered as a joke, is homophobic and unlawful.”
Sesay added: “Quite apart from exercising common decency, HR leaders need to be aware that LGBTQ+ colleagues are protected from all forms of discrimination under the Equality Act 2010 and, as this case demonstrates, tribunals could result from homophobic comments or behaviour at work.”
After complaining internally about the remark made by Donaldson, McGhie was subject to hostile behaviour, the tribunal heard.
Donaldson reportedly called McGhie a “grass” (informer) while walking past him, and bought food for staff while excluding McGhie. Donaldson was also accused of saying that the office smelt bad while looking at McGhie, the tribunal heard.
Read more: Almost half of LGBTQ+ employees feel unsupported by HR
It is difficult for managers to plan for comments made in the heat of the moment such as in an argument, said Stephen Elliott, partner at law firm Bexley Beaumont, but having policies in place can help.
Elliott told HR magazine: “When angry or under stress, people will often abandon social and workplace norms and go on to say and do all manner of unhelpfully inappropriate things before they calm down. It might seem unfair to hold the employer responsible for a one-off heat-of-the-moment comment over which it had no real control. Indeed, the law does allow an employer to escape liability for its employees’ discriminatory behaviour if it can show that it had taken all reasonable steps to prevent the behaviour from happening.
“Taking ‘all reasonable steps’ depends of course on the situation, but it will almost always involve the employer preparing and introducing straightforward, clearly worded policies which promote dignity at work and which make clear the types of behaviour which are unacceptable. An employer will also need to carry out regular EDI and equality training and put in place effective channels through which employees can report concerns.”
Introducing employee resource groups could help support staff who find themselves victim to homophobic comments at work, Sesay suggested. He said: “HR leaders should encourage colleagues to form an LGBTQ+ network where people of all genders can come together and talk openly and dispel myths and prejudice.
“Should any homophobic remarks or behaviour occur, managers must take swift and public disciplinary action to show the organisation has zero tolerance of such behaviour and reassure LGBTQ+ staff that they are valued and will be protected from discrimination.”
McGhie was awarded £3,000 in compensation for harassment, and £2,500 for the behaviour he experienced from Donaldson after making an internal complaint about him.
