THE CASE BETWEEN TOM (CLAIMANT) vs. READPUB (DEFENDANT)
“It is against the law for someone you work for to treat you less favourably than other workers because of your sexuality, that is, because you are lesbian, gay or bisexual. The law calls this direct discrimination.”
Before employed by the Readpub, Tom had an interview with the management of Realpub. In the interview there was discussion about the character reputation of the pub and the future strategy and plan of the pub with which Tom agreed. So it unwise to claim that he was unaware about the prospect and future actions of the pub and therefore there is no question of discrimination on the ground of sexual orientation.
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The fact itself proves that the Readpub was not directly taken initiative on the ground of sexual oriented discrimination. So there is no question of unlawful discrimination which leads Tom to claim constructive dismissal.
The Protection from Harassment Act 1997
It is a general piece of legislation which protects people against harassment, whatever the grounds. It proves On CASE 06 CV. 00589 of Isiah Thomas vs. Anucha Browne Sanders “A high level marketing executive for the New York Knicks basketball team's owner, Madison Square Garden, L.P. ('MSG'), sued the Knick's Coach Isiah Thomas, MSG and CEO James Dolan for sexual harassment, retaliatory termination from her job, and related claims. MSG owes her $11.6M”.
An incident shows that two gay customers were engaging in a display of intimacy which confirm that there was no bar or objection on behalf of Readpub for gay customer. This confirms that Readpub is still maintaining friendly environment for gay customer. Regarding the numbers of staffs of Readpub, there is male and female staffs are working in the pub and the management has no discriminatory policy on the ground of sexual orientation.
“It is against the law for someone to harass you at work, because you are lesbian, gay or bisexual. The person harassing you may be your employer or a colleague. Someone is harassing you if you find their behaviour towards you offensive, frightening, degrading, humiliating or in any way distressing, it may be intentional bullying, but it could also be unintentional. For example, it could involve nicknames, teasing, name-calling or other behaviour which is not deliberately malicious, but which is upsetting. It is also against the law for someone to harass you in this way, even if they're mistaken about your sexuality or even if they know you aren't actually gay, lesbian or bisexual. For example, you can take action if you're called anti-gay names, even if you aren't actually gay.”
If we compare Mr Tom position and Readpubs' strategy regarding the gay customers with the case of WETHERSFIELD v SARGENT and SHOWBOAT, in both cases the policy of the employer was unambiguously discriminatory. As Wethersfield’s policy was not to hire their vehicles to black and Asian customers and in Showboat's was a blanket exclusion of black customers from their premises.
There was no such policy in Readpubs' strategy in widening the customer rather than only gay customer.
Tom did not tell the person to stop. If he did he mighit have found it useful and the managers would have stopped and if they didn’t stop after the warning, he would have used it as evidence or he would have kept a record of the time, date and place of any incidents, what was said or done, if there were any witnesses and proof of any related incidents against other colleagues. Tom could have recorded the details of the rule or policy that puts you at a disadvantage.”
On behalf of the defendant Real Pub who was the employer of Tom....