A gay man has won his claim of constructive dismissal from a company which suspended him after he found humiliating pornographic graffiti about him in a toilet.
Quality assurance officer Chris Martin, 31, was suspended from his job at Parkam Foods Ltd in Liversedge seven months after making a first complaint about the drawing.
The tribunal ruling stated Mr Martin initially complained to his employers in May, 2005, after discovering the graffiti on the walls of the men's toilets - a pornographic drawing in black marker pen with his name next to it.
But no action was taken after he lodged the complaint, which he made three months after starting at the company and being promoted to quality assurance officer.
He later wrote to his employers about the graffiti and other behaviour, asking why nothing had been done.
Parkam placed a warning notice in the toilets but it related to the presence of graffiti and not to homophobic behaviour.
Mr Martin said that the way managers spoke to him when he continued his complaint made him feel "like a piece of dirt".
In November 2005, Parkam Foods suspended Mr Martin and he later resigned in protest.
In a written reserved judgement, the tribunal said it found the drawing, which it viewed on a mobile phone photograph, to be "offensive and homophobic".
The panel said it was surprised, not by the fact that the claimant chose to complain about the graffiti, but that no-one else did.
The judgement added that Parkam Foods' personnel administrator stereotyped Mr Martin by telling management that his complaints were a "transparent attempt to exploit his sexual orientation".
According to the ruling, Parkam Foods harassment policy was "completely ineffective" in ensuring that the graffiti did not appear and was not repeated.
The company failed to comply with its own procedures by failing to investigate the grievance with due diligence or sufficient seriousness and also failed to ensure Mr Martin's dignity at work.
The tribunal also backed Mr Martin's evidence that, instead of carrying out an investigation, Parkam Foods repeatedly told him to forget about his grievances and "move forward".
The hearing is due to reconvene late this year to assess compensation to Mr Martin, also of Liversedge.
He said: "I found the whole experience very distressing, but am delighted that the tribunal recognised that I have told the truth all along. I have been vindicated.
"I hope that this shows any other gay people who may be treated in a similar way that, if they stand up for themselves, the law can help them.
"My family and my legal team have been very supportive which enabled me get through this."
A spokesman for Parkam said the company had made efforts to resolve the matter before the case was taken to a tribunal.
He said Mr Martin had been suspended in accordance with the company's stress policy and procedure.
He said: "We regret that Mr Martin has had to go through the discomfort of a tribunal. Like all businesses we much prefer to resolve these issues in-house. Our company operates a no tolerance' anti-discrimination policy and we are proud that we employ such a diverse section of the community."
e-mail: rebecca.wright@bradford.newsquest.co.uk
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