' says 'As a man, being bullied by a lady is horrible' but this is not the same as saying that Mrs Roberts would have treated a female employee any differently. She noted: 'The words harassment and discrimination are used, but there is no reference to any protected characteristic. The judge found he had not made reference to being sexually discriminated against before. When he lost these claims, he appealed and again lost.īut at the tribunal, he raised complaints of sexual harassment and discrimination. He also complained that he had not had a pay rise when other carers had received one. The tribunal heard Mr Fuller made a grievance against Mrs Roberts in April 2019, in which he complained about bullying, invasion of privacy, victimisation, breaking confidentiality, defamation of character, demeaning behaviour and harassment, insulting behaviour, malicious intent and discrimination. The judge ruled it was 'most likely' that Mr Fuller had 'inferred from Mrs Roberts' comments about his fragrance that she was referencing sexual orientation, but that she did not actually use the word gay or p**f'. He later claimed Mrs Roberts said 'You smell like a poof' or 'You must be gay because you spray yourself.' 'When asked at that meeting 'Did say you are gay?,' he replied, 'She insinuated'.'Īt the tribunal, Mr Fuller elaborated on this and claimed Mrs Roberts 'said to me that I was gay because, in her opinion, I wore too much aftershave/perfume'. He first raised it in his grievance appeal appeal meeting in October 2019. 'He did not say that Mrs Roberts had called him gay in his formal or informal grievance. However, the tribunal did not agree that Mrs Roberts called Mr Fuller gay.Įmployment judge Emma Hawksworth said: 'We find that it was an extrapolation by based on Mrs Roberts' comments about fragrance. The tribunal heard he kept sprays in the office to use after taking a cigarette break and accepted Mrs Roberts complained when he did this. Mr Fuller claimed Mrs Roberts also called him 'gay' for using too much fragrance. We find that this comment did not have the effect of violating dignity or of creating an intimidating, hostile, degrading, humiliating or offensive environment for him'.
The tribunal accepted Mrs Roberts had said this, but found it was 'an ill-judged joke by Mrs Roberts about automatic cars. He said Mrs Roberts called him '50 per cent of a man' because he drove an automatic car. Mrs Roberts denied making these comments. In July 2018, Mr Fuller said his boss Mrs Roberts made a number of comments about him, including calling him gay. The tribunal, held in Reading, Berkshire, heard Mr Fuller worked for care providers ACASA from August 2016 as a team leader at a supported housing site for older adults called Place Court in Aldershot, Hampshire. It was decided that calling him half a man for not changing gear behind the wheel was simply 'an ill-judged joke about automatic cars' and did not 'violate his dignity'.
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Pictured here is a 2022 Chevrolet Camero SS with a 6.2-litre V-8 engine mated to a six-speed manual boxĭespite being heterosexual, Mr Fuller also claimed he was a victim of sexual orientation discrimination by the 'gay' comment.īut an employment tribunal dismissed all of his claims, ruling they either did not happen or were not serious enough to be classed as discrimination.
Mr Fuller claimed he was described as 'half a man' as he drove an automatic car.