Labour Research March 2005

Law Matters

First successful case under sexual orientation law

A manager has been awarded compensation of more than £35,000 for constructive dismissal and discrimination following persistent harassment by senior management and other members of staff.

Rob Whitfield was subjected to offensive comments about his sexual orientation, including being nicknamed "Sebastian" after the camp character in the TV series Little Britain. He was eventually forced out of his job by his colleagues' homophobic behaviour.

Whitfield's is the first successful claim under the Employment Equality (Sexual Orientation) Regulations 2003, which came into force last December. An employment tribunal found that he had been subjected to harassment and direct discrimination, and had been constructively unfairly dismissed.

The tribunal was critical of Whitfield's employer, waste management firm Cleanaway UK, for failing to deal with the harassment, despite previous complaints by another gay member of staff.