Constructive dismissal claim upheld against pub

Posted 14/01/2011

A gay man has won the right to claim constructive dismissal compensation after alleging that he felt forced to resign from his job due to poor treatment.

Charles Lisboa, 41, worked at the Coleherne Arms in London, which attracted an almost exclusively gay clientele.

However, when new owners took over in December 2008, they took measures to rebrand it and make it attractive to families.

Mr Lisboa claimed that Realpubs director Malcolm Heap and general manager Jimmy Sydney called him and the clients “queens” and ordered him to stop a homosexual couple from kissing.

He took his case to an employment law tribunal in February 2010 and won compensation for sexual orientation discrimination.

Mr Lisboa has now also succeeded in his claim for constructive dismissal after launching an appeal.

“The claimant’s reason for resigning was prompted by unlawful discrimination against customers and that was a repudiatory breach,” the judge said.

It is against the law for an employer to discriminate against, victimise or harass a person because of their sexual orientation, or their perceived sexual orientation.