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Telegraph
30-07-2025
- Business
- Telegraph
Excluding colleagues from food run could be ‘victimisation'
Excluding your colleague from a food run could be a breach of workplace laws, according to a new tribunal ruling. Deliberately leaving a co-worker out when buying food for other colleagues could amount to victimisation, the judgment suggests. It comes after a Scottish removals firm worker won a victimisation case after he was left out of a food run to a burger van. Sean McGhie won £5,500 after his manager Brian Donaldson bought everyone an item from the burger van apart from Mr McGhie. 'Childish' Mr Donaldson had been upset with Mr McGhie because he reported him for using a slur. Mr McGhie, who is gay, won a claim of victimisation at Glasgow employment tribunal as well as harassment over another slur made by a colleague. In UK employment law, victimisation occurs when someone is treated poorly due to being involved in a discrimination or harassment complaint. Glasgow employment tribunal heard Mr McGhie started working for RHT Scotland in August 2023 in Inverkeithing in Fife as a fitter. 'He makes no secret of the fact that he is gay,' the hearing was told. '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. 'Homophobic slur' 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 woofter'. '[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. 'The intent of this comment was to insult and it resulted in me walking off a job,' he said. 'I don't think my sexuality should be spoken about in a degrading manner as a result of a disagreement.' Mr Donaldson argued that the remark was 'banter' and that he had used it as he 'thought it may defuse the situation'. He eventually apologised for making a 'homophobic slur'. The following month, however, the tribunal heard he pulled a door closed as Mr McGhie approached it carrying heavy boxes of paper. In the same month, he said 'it f---ing stinks in here' while looking at Mr McGhie as he walked into a room which smelt strongly of onions, the panel was told. Then, Mr Donaldson left him out of a food run. The panel found that Mr McGhie was victimised. 'Intimidating or punishing' Employment Judge James Hendry said: 'This was on one level childish (such as the exclusion from food bought at the burger van) but coming from [Mr McGhie]'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. 'It was clear that [Mr Donaldson] had not really accepted that he had been in the wrong nor had he truly apologised for his behaviour. 'He was still intent on intimidating or punishing [Mr McGhie]. He still bore a grudge about being disciplined. 'To his employer he minimised his fault but in acting this way to [Mr McGhie] he chose to undermine and intimidate him at a time when he was already upset from the earlier incident.'
Daily Mail
30-07-2025
- Business
- Daily Mail
Excluding a colleague from the workplace food run might be against the law, ruling suggests as removals worker wins £5,500 payout
A man has been rewarded with a £5,500 payout after he felt 'victimised' because colleagues excluded him from the workplace food run. Sean McGhie, a Scottish removals firm worker, won the money as his manager decided to buy everyone an item from the burger van apart from him. It comes as 'childish' boss Brian Donaldson had been upset with the victim because he had reported him for calling him a 'wee woofter'. Mr McGhie, who is gay, previously won a separate claim of victimisation as well as harassment at Glasgow Employment Tribunal over a slur made by a colleague. In UK employment law, victimisation occurs when someone is treated poorly due to being involved in a discrimination or harassment complaint. Glasgow Employment Tribunal heard Mr McGhie started working for RHT Scotland in August 2023 in Inverkeithing in Fife as a fitter. The hearing was told: '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 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 woofter". '[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. 'The intent of this comment was to insult and it resulted in me walking off a job,' he said. 'I don't think my sexuality should be spoken about in a degrading manner as a result of a disagreement.' Mr Donaldson argued the remark was 'banter' and that he had used it as he 'thought it may defuse the situation'. 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***ing stinks in here' while looking at Mr McGhie as he walked into a room which smelt strongly of onions, the panel was told. Then, Mr Donaldson left Mr McGhie out of the food run. '[Mr McGhie explained that on November 29, 2023 [Mr Donaldson had gone to the burger van outside the warehouse and had bought everyone at work something from the van but not him. 'He took the food into the warehouse and said "help yourselves all bar one", looking at him. '[Mr McGhie said] he was trying to "get the rise out of him" and said that he was trying to remain stable,' the tribunal was told. It was heard the next day Mr Donaldson called Mr McGhie a 'grass'. The tribunal heard another employee at the firm, referred to only as AR, shouted at him at work: 'Where are you you gay c***!'. After Mr McGhie complained about the colleague's behaviour - which he also reported to the police - RHT disciplined AR, but found his allegations against Mr Donaldson had no basis. Mr McGhie was dismissed in January 2024 for unrelated reasons and took the company to the tribunal claiming harassment and victimisation. The panel found Mr McGhie was victimised. Employment Judge James Hendry said: 'This was on one level childish (such as the exclusion from food bought at the burger van) but coming from [Mr McGhie]'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. 'It was clear that [Mr Donaldson] had not really accepted that he had been in the wrong nor had he truly apologised for his behaviour. 'He was still intent on intimidating or punishing [Mr McGhie]. He still bore a grudge about being disciplined. 'To his employer he minimised his fault but in acting this way to [Mr McGhie] he chose to undermine and intimidate him at a time when he was already upset from the earlier incident.' Mr McGhie was awarded £2,500 for the victimisation carried out by the Mr Donaldson and £3,000 for AR's act of harassment.
The Courier
02-05-2025
- Business
- The Courier
Perth man wins £5.5k from Inverkeithing firm at tribunal
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.
Scottish Sun
24-04-2025
- Business
- Scottish Sun
Scots worker wins thousands after boss branded him shocking homophobic slur
Colleagues tried to pass off the comments as "banter" Click to share on X/Twitter (Opens in new window) Click to share on Facebook (Opens in new window) 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. Sign up for Scottish Sun newsletter Sign up 1 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. Scots prison offers 'facing punishment' if they call trans rapists male 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.
