Manager is awarded record £118,000 payout for 8 days of anti-gay abuse at work

Jonah Ditton, from Paisley, was called "a wee poof" and suffered malicious and insulting abuse on a daily basis from his colleagues. He was sacked after just eight days at his new job after the firm said he was not "psychologically balanced".

The award of 118,309 for discrimination on the grounds of his sexual orientation amounts to about 30 for every minute that Mr Ditton worked at Glasgow firm CP Publishing Ltd.

Employment lawyers said the ruling was a warning to firms that high pay-outs could be granted for discrimination even though employees had been with a company for only a matter of days.

Mr Ditton, 32, brought the claim against CP Publishing, which publishes entertainment listings, under the Employment Equality (Sexual Orientation) Regulations, which came into force in December 2003.

A tribunal heard that his boss, Warren Paul, had called Mr Ditton "a wee poof" and said he looked like "a cream puff".

On one occasion, Mr Paul commented on a blue tie he was wearing and, on being told it was by Herms, Mr Paul replied: "Oooh, Herms" in a camp voice.

A few days later, Mr Paul allegedly asked Mr Ditton if he was from Stoke-on-Trent, rhyming slang for "bent".

When he started his job, he became uneasy about his boss's attitude to homosexuals and ethnic minorities. On the day Mr Ditton was sacked, he had attempted to join in a light-hearted discussion about marital relations, but was told by Mr Paul, in an aggressive tone, to "shut it, you wee poof".

Mr Ditton was phoned that evening and told he was fired after little more than a week in the job.

The tribunal also heard claims that Mr Paul was a former police officer who threatened to send "some police friends to visit" Mr Ditton if he contacted the office after his dismissal.

The media-sales manager told the employment tribunal that he did not think he would ever be the same again and had suffered depression for 18 months as a result of his treatment.

He had expected to earn more than 80,000 a year, but instead turned to drink and had to rely on benefits following the harassment. Mr Ditton said he had been devastated by the insults and feared their actions would have an impact on any future employment.

"I do not feel my sexuality had any bearing on my ability to do my job," he said.

"They are foul individuals and they should be punished as much as possible.

"I was very upset and very embarrassed at what they did to me. These were grade-A insults in the workplace in front of people who are supposed to look up to you. My CV has been destroyed by them, all my future earnings have been affected."

Lindsey Cartwright, a partner in the employment, pensions and benefits department at the Glasgow offices of law firm Maclay, Murray & Spens, said: "Employers simply cannot discriminate, whether on the grounds of sexual preference or any other unlawful reason, and this case underlines the high costs involved if they do."

Calum Irving, a director of Stonewall Scotland, the pressure group campaigning for gay rights, said the case sent out a strong signal to any employers who flout the law.

"This, the highest award so far in a sexual-orientation employment case, makes clear more than ever that Scottish employers have a duty to tackle homophobia in the workplace.

"Apart from destroying a person's career, allowing homophobia to carry on unabated blights the working environment and can destroy a firm's reputation."

The tribunal chairwoman, June Cape, said Mr Ditton was subjected to insulting and oppressive treatment, adding: "It resulted in injury to feelings and ultimately depression which affected him for around 18 months, impacting on his ability to work and enjoy his usual social relations and activity.

"While the claimant was only employed for a short period, the respondent, and in particular Mr Paul, overtly abused and humiliated him on the grounds of his sexual orientation persistently over that period of time."

The tribunal heard that Mr Ditton was subjected to daily abuse in front of those whom he was managing, leaving him feeling degraded and humiliated.

His award included 10,000 for injury to feelings, 76,937 for pecuniary loss, 5,291 interest and 26,081 for the company's failure to follow statutory procedures.

CP Publishing, of Miller Street, Glasgow, was not represented at the tribunal hearing and was unavailable for comment yesterday.

LEGAL RIGHT TO FREEDOM FROM PREJUDICE

THE law has come a long way in Britain since the 1960s, when homosexuality was still a criminal offence.

Not until December 2003 did anti-discrimination laws finally bring the area of employment law in line with changing attitudes in society, outlawing homophobia in the workplace.

Under the employment equality regulations it is illegal to apply any adverse treatment to a person because of their sexual orientation. The rule has brought a steady flow of legal challenges in tribunals across the UK.

The legislation establishes basic rights that people cannot be denied jobs because of prejudice; allows harassment to be tackled promptly and effectively; and guarantees people an equal chance of training and promotion whatever their background.

In January 2005, the case of Rob Whitfield proved a catalyst for change. The business transformation manager, who was humiliated at work by constant taunting over his homosexuality, won a landmark case before an employment tribunal.

Mr Whitfield, 28, was awarded 35,000 compensation, paving the way for hundreds of other people to sue their employers.