In a recent employment tribunal ruling, Mr Thomas Richardson v JD Wetherspoon Plc. Mr Richardson a former Wetherspoon barman (the Claimant), brought complaints of discrimination on the grounds of religion or philosophical belief and of disability discrimination and breach of contract for notice pay. The claim of unfair dismissal was dismissed. Mr Richardson, an Autistic person, was employed by the Respondent as a Bar Associate. On 30 July 2022, there was an annual Gay Pride Parade in Norwich He made a homophobic remark to a lesbian colleague during Norwich Pride weekend. The tribunal judge deemed the decision to sack the Claimant as “reasonable,” emphasising the seriousness of the incident and the need for employers to address discriminatory behaviour in the workplace.
The incident occurred at the Queen of Iceni in Norwich when the Claimant, a self-proclaimed “anti-woke” and “born again Christian,” told his lesbian colleague that “God would not forgive gay people.” This comment, coupled with his complaints about Pride being “shoved down his throat,” triggered an investigation into his behaviour. The inquiry uncovered additional controversial Facebook posts, including statements asserting that “Islam is worse than Communism or Nazism.”
Following a disciplinary hearing, the claimant was dismissed for gross misconduct The company asserted the claimant’s conduct was incompatible with its values and inclusive atmosphere it strives to maintain within its establishments. The tribunal judge, Martin Warren, concluded “For the avoidance of doubt, telling somebody that God will forgive them, (or not) for being gay is harassment on the grounds of sexual orientation. It is unwanted conduct …. The same may be said of the comment to the effect that one does not want Gay Pride rammed down one’s throat. Were an employer to fail to take action when employees have complained about being on the receiving end of such comments, they would be likely to find themselves facing sustainable complaints of discrimination on the part of the complaining employees.”
Judge Warrenemphasising the gravity of the homophobic comments and the potential for workplace discrimination complaints if left unaddressed. Complaints, alleging discrimination by Witherspoon based on his religious beliefs and autism were dismissed. Midway through the hearing, the claimant withdrew the claim of religious discrimination. Judge Warren clarified that even if an employee is autistic, it does not excuse or justify homophobic remarks, emphasising the responsibility of employers to address and rectify such behaviour.
The Judge’s ruling underscores the importance of employers having policies promoting equality and diversity, taking swift and decisive action when faced with incidents of harassment or discrimination. Judge Warren stated that employers cannot expect employees to ignore homophobic insults simply because the person uttering them may have a disability. The judgment establishes a precedent that failure to address such behaviour may result in sustained complaints of discrimination from affected employees.
The case serves as a reminder to employers of the necessity to maintain a discrimination-free workplace. The tribunal’s decision supports the notion that individuals cannot use personal beliefs or disabilities as a shield for discriminatory actions. Employers must be vigilant in addressing and rectifying such incidents promptly to ensure a safe and inclusive working environment for all employees.
