Avoid costly discrimination mistakes, firms told

Firms should review their equal opportunities policies after a Glasgow business was ordered to pay an ex-employee almost £120,000.

An employment tribunal heard how Jonah Ditton was sacked just eight days into his job for being "psychologically imbalanced".

He was said to have suffered "humiliating and degrading abuse" after his manager called him a "wee poof".

The award is one of the largest since the law prohibiting discrimination on grounds of sexual orientation came into force in December 2003.

Law firm DWF said the case shows that firms who breach the rules could face potentially crippling penalties, since there is no upper limit on the amount of compensation in discrimination cases.

Ditton, a sales executive, had expected to earn over £80,000 a year, but instead had become depressed, turned to alcohol and was now on benefits.

Ansar Ali, employment lawyer with DWF, said the rules cover any situation where an employee suffers discrimination on grounds of sexual orientation. They allow for a separate complaint of harassment where the worker’s treatment violates his or her dignity or creates an intimidating, humiliating or offensive environment.

"In discrimination cases there is no upper limit on the amount of compensation. The pay-out can cover both loss of earnings and injury to feelings and in serious cases, a tribunal can also award aggravated damages. Therefore infringement can prove very costly indeed," he said.

"However there are ways in which employers can protect themselves. They should ensure all staff, particularly managers or supervisors, are aware of the rules and that there are policies in place covering equal opportunities, bullying and harassment."

"Provide equal opportunities training for all employees and act promptly on any complaints," he added. "It is also a good idea to review policies and procedures regularly to ensure that they do not unwittingly discriminate against employees."