Gay man wins constructive dismissal case over graffiti complaints

A gay man who was suspended for complaining about homophobic graffiti in the men’s lavatories at work has won his case for constructive dismissal.

Chris Martin, a former employee of Parkam Foods in West Yorkshire, complained to his managers after finding pornographic material in the men’s lavatories at work with his name written next to it.

But, Martin claimed, the supermarket supplier took no action on his behalf.

He then complained in writing and a warning about graffiti was made in the lavatories but no mention of the homophobic nature of the material was made, Pink News reports.

Martin resigned after being suspended in November 2005.

Martin told the Yorkshire employment tribunal that Parkam Foods treated him “like a piece of dirt”. The company did not investigate his complaint or try and find out who was responsible for the graffiti, he said.

The tribunal found that the company had failed to deal with Martin’s complaint satisfactorily.

His compensation will be determined at a later date.

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