Durham City Council has been found guilty of discrimination against a gay employee at Durham?s Gala Theatre. Fausto Gismondi, who was Group Bookings Co-ordinator at the Council-run venue, was repeatedly referred to as ?gay boy? by his manager, Ed Tutty. An employment tribunal in Newcastle decided the Council had ?signally failed in their duty to an employee who has been bullied and harassed? and were found guilty of constructive dismissal.
The case was brought by Gismondi?s union, BECTU, under the Sexual Orientation Regulations, which became law in December 2003. Jo White, the solicitor who represented Gismondi, said, ?This is an important decision because it highlights the responsibilities employers have under the sexual orientation regulations. Gay men and women have the same rights to be treated equally and with respect as anyone else at work. There have been very few successful cases taken under the regulations so far, because as with all cases of discrimination it is very difficult to prove. I hope Fausto?s successful decision will encourage others who have or who are suffering similar treatment to come forward and utilise these Regulations.? A spokesperson for the City Council said they had not yet decided whether or not to appeal against the decision but would wait for the Tribunal?s final ruling on the terms of a settlement, which is expected next month.
Published: 23-05-2005