In the case of Secretary of State for Justice v Plaistow the Employment Appeals Tribunal has upheld a tribunal’s decision to calculate compensation for direct sexual orientation discrimination and harassment on the basis of career long loss.
Mr Plaistow worked as a prison officer from 2003 until his dismissal in 2016. He began to suffer harassment relating to his sexual orientation, and perceived sexual orientation, from 2014. He was asked about his sexuality and was regularly called words such as “vermin”.
He faced direct discrimination in the form of a wrongly given absence warning. Following his return from sickness absence, the abuse only intensified. He was slapped, pushed, grabbed, had water squirted at him and a pink fairy cake smeared in his bag, and was told by his line manager that he was causing too many problems. His grievances were not dealt with. Having complained about the discrimination he faced and written to his MP about his treatment, Mr Plaistow was then victimised and unfairly dismissed for gross misconduct.
The Employment Tribunal decided that Mr Plaistow’s compensation should be based on career-long loss, resulting in an award worth over £2 million. The Secretary of State appealed, and the case went to the Employment Appeal Tribunal (EAT).
The EAT rejected the Secretary of State’s challenge to Mr Plaistow’s award being based on the loss of his entire career. The Employment Tribunal had correctly considered what was likely to happen and was entitled to find that Mr Plaistow’s condition was likely to be life-long.
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