24-04-2025
Scots worker wins thousands after boss branded him shocking homophobic slur
Colleagues tried to pass off the comments as "banter"
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A GAY removal firm worker has won more than £5,000 after his boss called him a 'wee w*****r'.
Sean McGhie's supervisor closed a door on him while he was carrying heavy boxes of paper and called him 'Mr Clean' because he took care of his well groomed appearance, an employment tribunal heard.
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PHFA7P Employment tribunal documents, note pad and glasses.
Brian Donaldson - who was upset that he had been reported to bosses - also deliberately targeted the 36-year-old by leaving him out when buying food for colleagues from a burger van, the panel concluded.
Mr McGhie successfully sued RHT Scotland for harassment and victimisation and has now been awarded £5,500 in compensation.
The tribunal, held in Glasgow, heard that Mr McGhie started working for RHT in August 2023 in Inverkeithing in Fife as a fitter.
It heard: 'He makes no secret of the fact that he is gay. He was comfortable discussing aspects of his sexuality with fellow employees.
'The fact that he was gay prompted male colleagues to ask him questions about his sex life and to discuss theirs.
'There was often such 'banter' between employees which [he] participated in relating to explicit sexual matters.'
However, the tribunal heard Mr McGhie felt he was bullied by Mr Donaldson, who called him 'Mr Clean' because he 'took an interest in his appearance', regularly cleaning and washing his clothes.
In October 2023, Mr McGhie and Mr Donaldson worked together at a site in Glasgow.
The tribunal heard that the colleagues had an argument about commuting to work.
It was told: 'In the course of the argument [Mr Donaldson] referred to Mr McGhie as 'You wee w*****r……'.
'[Mr McGhie] was taken aback and shocked at this comment.
'He asked [Mr Donaldson] to repeat it which he then did slowly and deliberately emphasising the words and looking [Mr McGhie] in the face.
'[He] responded by saying that's uncalled for' and left [Mr Donaldson]'s presence.'
Mr McGhie felt 'mortified' by the incident, and reported it, the tribunal heard.
He said: 'The intent of this comment was to insult and it resulted in me walking off a job.'
Mr Donaldson argued that the remark was 'banter' and that he had used it as he 'thought it may defuse the situation'.
However, he eventually apologised for making a 'homophobic slur'.
The following month, however, the tribunal heard he pulled a door closed as Mr McGhie - who he referred to as a 'grass' - approached it carrying heavy boxes of paper.
In the same month, he said 'It f*****g stinks in here' while looking at Mr McGhie as he walked into a room which smelt strongly of onions, the panel was told.
And on another occasion he bought everyone at work something from a burger van except Mr McGhie.
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The tribunal heard that another employee at the firm, referred to only as AR, shouted at him at work: 'Where are you you gay c**t!'.
After Mr McGhie complained about their behaviour - which he also reported to the police - RHT disciplined AR, but found that his allegations against Mr Donaldson had no basis.
He was dismissed in January 2024 for unrelated reasons and took the company to the tribunal claiming harassment and victimisation.
The panel found that although his claim regarding the 'wee w*****r' comment had been made too late for the tribunal to consider it, Mr Donaldson has victimised Mr McGhie after he complained about it.
Mr McGhie was awarded £2,500 for the victimisation carried out by Mr Donaldson and £3,000 for AR's act of harassment.
