Claimant v Altru Fundraising Limited
Outcome
Individual claims
The tribunal found harassment proved in respect of 8 specific incidents listed in the schedule, involving homophobic language and messages sent between November 2023 and January 2024. The tribunal dismissed allegations of harassment not appearing in the schedule, meaning only some of the harassment allegations succeeded.
The tribunal found the claimant's complaint of victimisation contrary to section 27 of the Equality Act 2010 was not well founded and dismissed it, meaning the tribunal did not accept that the claimant was subjected to detriment because of having done a protected act.
The tribunal found the claimant's complaint of unauthorised deduction from wages pursuant to section 23 of the Employment Rights Act 1996 was not well founded and dismissed it, meaning the tribunal did not accept that the respondent had made unlawful deductions from the claimant's wages.
Facts
The claimant, a worker for a fundraising company, brought claims of harassment, victimisation, and unlawful deduction of wages. Between November 2023 and January 2024, the claimant was subjected to homophobic messages and comments in the workplace, including GIF animations with 'GAYYY', colleagues stating 'I am not homophobic. Got a gay colleague', messages calling him a 'faggot' and 'bender', and offensive sexual references. The tribunal had to determine whether the claimant was a worker and whether his harassment claim was in time.
Decision
The tribunal found the claimant was a worker and extended time for the harassment claim on just and equitable grounds. The harassment claim succeeded in respect of 8 specific incidents of homophobic abuse between November 2023 and January 2024. The victimisation and unlawful deduction of wages claims failed. The respondent was also found to have breached its duty to provide written employment particulars.
Practical note
Workers subjected to homophobic harassment in the workplace can succeed in discrimination claims even if out of time where just and equitable to extend, and tribunals will penalise employers who fail to provide written terms through section 38 awards.
Legal authorities cited
Statutes
Case details
- Case number
- 2501179/2024
- Decision date
- 3 April 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- charity
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- Yes
- Rep type
- barrister