In Allen v Paradigm Precision Burnley Ltd and Carl Wheeler 2020, the claimant made enquiries about taking adoption leave as he and his husband wanted to start a family. At this time he was in line to be promoted to general manager. Only a small number of the Claimant’s colleagues were aware that he was gay at this time and he confided in the HR director about his sexual orientation when enquiring about adoption leave.
HR’s response to the Claimant was that the Company “couldn’t have a general manager who was going to take 12 months parental leave”. Following this, information about his sexual orientation was spread across the Company. The Claimant was subjected to numerous homophobic comments including being called “camp” and “limp-wristed”. He received unwanted emails depicting gay stereotypes and was asked about his “type” of man. Many of these comments were made to the Claimant by senior managers.
The Claimant resigned and brought claims for direct sexual orientation discrimination, harassment relating to sexual orientation, victimisation, detrimental treatment for seeking to take additional adoption leave, and constructive unfair dismissal. He was successful in all his claims against the Company and received financial awards totalling £174,645. The judge found that the Claimant “was subjected to a detriment because he sought to take additional adoption leave and/or because the [Company] believed that the Claimant was likely to take additional adoption leave in that he was rejected as operations director and then as a candidate for general manager”.
The case serves as a stark reminder that if such blatant and demeaning acts of discrimination take place within the work place, large financial awards can be made to successful Claimants.