Sean McGhie, 36, recently won a case of workplace mistreatment and harassment at the Glasgow Employment Tribunal. The defendants were his boss, Mr. Donaldson, and the moving company RHT.
McGhie, an assembler who joined the company in August 2023, is openly gay and comfortable discussing aspects of his sexuality with colleagues in a civilized and constructive manner, with the exception of Donaldson.
According to McGhie, he was frequently bullied by his boss and mocked with the nickname "Mr. Polished" due to his attention to his appearance and meticulous ironing of his clothes.
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Sean McGhie said his colleagues were all civilized and open about his sexuality, except his boss. Photo: Dailymail |
Sean McGhie said his colleagues were all civilized and open about his sexuality, except his boss. Photo: Dailymail
During a work-related disagreement in October 2023, Donaldson called McGhie a "faggot," a derogatory slur for homosexuals, leaving him shocked.
He asked Donaldson to repeat the word, and Donaldson calmly did so, "slowly and deliberately, emphasizing each word and looking directly at me," McGhie alleged.
McGhie responded that such behavior was unnecessary and left, feeling publicly humiliated.
"The purpose of that language was to offend. I don't think my sexual orientation should be demeaned just because of a work disagreement," McGhie said.
Donaldson argued that the remark was just a "joke" and intended to "defuse" the work dispute. He apologized for using "homophobic language."
The bullying didn't stop there. In the following days, as McGhie carried heavy items into the office, Donaldson deliberately stood up and slammed the door before he could enter, according to McGhie.
Donaldson also allegedly exclaimed, "It stinks in here" when McGhie entered the room. When McGhie reported these incidents to the company, Donaldson was disciplined.
The final straw came on 29/11/2023, when Donaldson went out and bought every employee a hamburger, except McGhie.
McGhie believed this was an act of retaliation by Donaldson after being reported.
McGhie was dismissed in January 2024 for unrelated reasons and subsequently filed a lawsuit against his former boss for the past incidents.
In delivering the verdict, the judge acknowledged that the bullying might seem childish on the surface. However, considering Donaldson's higher position and the context, the actions were "not childish or trivial" for McGhie.
"It is clear that Mr. Donaldson has not genuinely acknowledged his wrongdoing or expressed remorse for his actions. He still harbors resentment towards McGhie for the disciplinary action taken by the company," the judge stated.
The court therefore found McGhie's claim justified and ordered the company to pay him a total of £5,500 in compensation.
Under UK Labor and Equality Law, employees are protected when they file complaints or report discrimination, mistreatment, or harassment; when they support others making such complaints; or when they gather information for complaints. If, after taking these actions, an employee faces unfair treatment, retaliation, malicious treatment, dismissal, salary reduction, isolation, etc., they are considered a victim of mistreatment and entitled to appropriate compensation.
Hai Thu (Telegraph, University of Cambridge)