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Saturday, 31st July 2010

Ex-employee wins harassment case

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Published Date:
05 July 2007
A GAINSBOROUGH man who was called a "gay boy" while having a social meal and drink at a town pub has won his case at an employment tribunal.
Philip Stanley, of King Street, had been working part-time at the Silver Street JD Wetherspoon establishment as a cleaner when he went into the pub on a social basis with his friend Alison Allwood on October 28, 2006.

At an employment hearing this week at Lincolnshire Magistrates' Court he alleged that during his visit to the pub he overheard bar shift leader Donna Pacey say: "I see the gay boy's in over there" and saw her nod in his direction.

The incident upset the 35-year-old who said he "felt just like I did at school when other pupils regularly made jibes at me about being gay," and said he left the premises with tears in his eyes.

But Miss Pacey, who now works at another Wetherspoons branch furiously denied saying the words.

She said: "I totally deny saying these words. I simply wouldn't make a statement of this kind."

In a statement read out during the tribunal Mr Stanley said: "I am gay and quite open about the fact.

"I was deeply upset by the remark but tried to maintain my dignity and keep my emotions to myself.

"I felt that other customers were within earshot but did not know who they were."

After the incident Mr Stanley did not go into the premises only to work and "kept himself to himself." He left working for JD Wetherspoon's on November 9.

He now works as a carer for people with Alzheimer's in Gainsborough.

Oliver Assersohn representing Donna Pacey and JD Wetherspoon told the hearing: "I believe this claim by the claimant Mr Stanley should fail.

"This degrading mark was never said and the evidence the claimant has filed doesn't stack up."

Chairman of the tribunal John Walker ruled that Mr Stanley did suffer harassment under the grounds of sexual orientation made by Donna Pacey.

He was awarded a total of £1,450 in damages and payouts.

Speaking after the hearing Mr Stanley said: "I am really pleased I have won and it shows people that they can bring a case against a big national company."

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  • Last Updated: 06 July 2007 10:14 AM
  • Source: Gainsborough Standard
  • Location: Gainsborough
 
 
 


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