Gay Church Worker Awarded £37,000 Compensation.

A recent case has illustrated once again that employers who fail to take appropriate action to prevent homophobic treatment of a gay employee can find themselves liable for substantial compensation payments.

Stephen Price, who is openly homosexual, brought claims of constructive dismissal, sexual harassment and discrimination on the grounds of sexual orientation against his employer, the Presbyterian Church of Wales.

Mr Price had worked as assistant manager at the Coleg Trefeca Centre, a 37-bed retreat in Brecon that is used by church groups across the country. The Cardiff Employment Tribunal (ET) heard how he was consistently bullied because of his sexuality. His manager, Mair Jones, continually made comments about sex, called Mr Price a 'stupid poof' and told other staff members that he 'batted for the other side'. Ms Jones claimed to have innocently chosen a birthday gift for him of a toilet roll decorated with pink fairies.

The ET found that the Church's internal investigation into Mr Price's claims of harassment was inadequate. It failed to take any disciplinary action against Ms Jones and although Mr Price was initially moved to another office in Cardiff, he was subsequently told to return to Coleg Trefeca, at which point he resigned.

The ET upheld Mr Price's claims against his employer, finding that he had been treated less favourably than if he were a heterosexual man. Ms Jones had humiliated him and subjected him to considerable harassment. In failing to take steps to prevent the treatment endured by Mr Price, the Church had discriminated against him. Expecting him to go back to work with Ms Jones did amount to constructive dismissal.

Mr Price was awarded compensation of £11,924 for constructive dismissal and £25,000 for injury to his feelings.

Discriminatory treatment of any kind because of an employee's sexual orientation is unlawful. Employers who fail to investigate properly complaints of harassment or bullying lay themselves open to discrimination claims, for which the amount of compensation payable is unlimited.

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