Car salesman loses employment tribunal
A man who claimed that he was forced to leave his job because of homophobic abuse from fellow workers has lost his case at an employment tribunal.
Ben Hamilton, 26, was claiming that persistent remarks about his sexuality amounted to constructive unfair dismissal and discrimination on the grounds of sexual orientation.
The tribunal questioned why he made no complaints about his treatment before he resigned from his job as a salesman at the BMW showroom in Chandler’s Ford in October 2006.
Southampton tribunal chairman Lawrence Guyer said: “While there was evidence of joking and banter it was not of sexual nature.”
Mr Hamilton claimed his workmates at a BMW showroom branded him “the nice poof”, “faggot” and “bender Ben.”
He told the tribunal he was banned from wearing pink clothing to work. He said a colleague also mocked him for going to see an Elton John concert.
When he said the show was “crap”, the colleague allegedly replied:
“But surely you boys are used to that, being in the same club. Come on, Ben, crap is an occupational hazard for you boys.”
In a statement his former employer said:
“We feel vindicated by the employment tribunal’s verdict. At no time was Ben Hamilton the subject of abuse for his sexual orientation or at all.
“As the tribunal heard, he owed huge sums of money and chose to instigate false claims against his former colleagues and employer.”