Perth man wins £5.5k from Inverkeithing firm at tribunal

The Courier

02-05-2025

A Perth man says he was left 'afraid' to go to work after homophobic slurs and 'childish victimisation' from colleagues.
Sean McGhie, 36, won £5,500 after taking his former employer, RHT Scotland – based at Belleknowes Industrial Estate in Inverkeithing, Fife – to a tribunal.
Employment judge James Hendry found the firm, which specialises in office removals and installations, was liable after an employee shouted: 'Where are you, you gay c***?' at Sean.
Speaking to The Courier, Sean has revealed the personal toll after he took on the firm in what he describes as a 'David vs Goliath' employment tribunal.
He said: 'I am ecstatic, it took seven-and-a-half weeks to find out if I had won and I was climbing the walls with anticipation from the moment I first stuck my own neck out to complain.
'I have to keep pinching myself.'
Sean represented himself throughout the tribunal and – despite the firm hiring both a solicitor and barrister from England – was found to be due compensation for injury to feelings.
The events covered by the tribunal happened in November 2023 and followed a disagreement between Sean and his supervisor, referred to as BD, over a late finishing time.
The argument resulted in him being called a homophobic slur and the incident was dealt with by the firm, with BD disciplined.
Sean also reported the incident to police and BD later pled guilty at Glasgow Sheriff Court and was fined £240.
Sean could not include this incident as part of his tribunal claim because it happened outwith the time period considered by the tribunal, but it was used as background for his subsequent complaints.
He said: 'It ended up being a David and Goliath as I had to fight against the company.
'It felt like David and Goliath, I am just wee Sean McGhie who only wanted to get to work and come home in the same state I left in.'
The tribunal judgement said: 'He (Sean) makes no secret of the fact that he is
gay.
'He was comfortable discussing aspects of his sexuality with fellow employees.'
The tribunal said RHT Scotland – an office removals and installation firm – had 'failed to detect a pattern of behaviour' in investigating incidents involving the supervisor and Sean.
This included BD allowing an automatic door to shut as Sean was approaching, calling him a 'grass' and stating 'it f****** stinks in here' while looking at him.
The supervisor also excluded Sean after buying a staff lunch from a burger van.
The judgement said: 'This was on one level childish (such as the exclusion from food bought at the burger van) but coming from the claimant's supervisor, who held a position of authority over him, and given the background circumstances in which these behaviours occurred, they are not wholly trivial.'
On another occasion, a different colleague, referred to as AR, shouted a homophobic slur from a lift.
Sean says he was left 'mortified' by the comment, which he says was heard by other people.
He said: 'I actually heard people gasp and I was mortified and wanted the ground to swallow me up.'
He also reported this incident to police and was later signed off work with stress.
Police say nobody has been arrested or charged in connection, but a report will be submitted to the procurator fiscal.
He also submitted a formal complaint about AR, however, the firm decided there 'was no basis for the complaints made'.
Sean was dismissed by the company on January 9 2024 due to claims he had breached confidentiality by speaking about his complaint against BD and had failed to make the company aware of a previous court conviction.
He was awarded £3,000 in compensation for the incident involving AR and £2,500 for the 'acts of victimisation' from his supervisor.
Sean says he suffered with mental and physical problems as a result of the experience, including insomnia and psoriasis, a chronic skin condition.
He said: 'I loved the job, my brother had recently died when I got it and it was something different.
'I was able to work through my grief as I was experiencing life in a new way.
'It was different from what I had done before – working in a call centre for SSE.
'For the first time in my life I was doing a manly job and was able to be myself.
'I was building desks and listening to Ru Paul music.
'I didn't expect to be attacked as I was really enjoying it and thought I was doing it all.
'I haven't been back to work but I am taking some time now, enjoying myself, and then I will start to look for something.'
RHT Scotland declined to comment when contacted by The Courier.