Wetherspoon's chef who claimed he suffered homophobic abuse loses victimisation claim

A gay chef has lost a victimisation claim against pub chain JD Wetherspoons after accusing staff of waving a gherkin and a penis-shaped straw in his face while subjecting him to homophobic taunts. 

Jamie Connolly said he was bullied by bosses at the Dairyman pub in Brentwood, Essex as well as being mocked for his sexuality.

Mr Connolly complained about his fellow worker’s homophobic taunts but the pub found there was no evidence he had been bullied. The pub said that one of those who allegedly had abused him had left. 

Jamie Connolly said he was bullied by bosses at the Dairyman pub in Brentwood, Essex as well as being mocked for his sexuality

Mr Connolly lost his victimisation claim as an employment tribunal found the pub chain had looked at the allegations properly.

The tribunal heard Mr Connolly worked as a Kitchen Team Leader at JD Wetherspoon’s Dairyman pub in Brentwood, Essex.

In August 2019, he complained he was being bullied by pub manager Tom Cios and kitchen manager Sam Marandy.

In his complaint, Mr Connolly said he was the butt of jokes and Mr Cios waved a straw shaped like a penis in his face.

There was then a meeting about his complaint in which he raised further concerns about homophobia.

He said a gherkin was waved in his face, a colleague had called him made several homophobic comments based on his name.

The tribunal heard Area Manager Alan Duncan dealt with Mr Connolly’s complaint and found evidence to support his concerns.

One of his colleagues, Nicola O’Neill said she had heard another member use a homophobic taunt. 

She also said she heard that ‘Tom Cios showed a penis-shaped straw to Jamie and said ‘here’s one for you’.’

She added she heard the former member of staff say ‘oi gayboy’ to Mr Connolly.

The tribunal heard there was evidence Mr Connolly was not singled out as one member of staff said Mr Connolly and one of his bosses were ‘as bad as each other.’

During the investigation, one staff member showed Mr Duncan messages on the pub’s staff WhatsApp group in which Mr Connolly criticised management.

One message said the management team were ‘crap at their job and should just go,’ another read ‘excuse me are you taking the p***’ and ‘if any of you wanna talk s*** about me I’m all ears.’

After his investigation, Mr Duncan found no evidence Mr Connolly had been bullied and said some of his own behaviour may have fallen short of acceptable standards.

He rejected the allegation a colleague used a homophobic insult but found the ex-employee had ‘referred to Mr Connolly inappropriately when she has been on site, and she has since been barred from the pub and will not return’.

The tribunal said: ‘Mr Duncan did not uphold the ‘penis straw’ allegation because there were no witnesses to it (other than Mr Connolly himself).

‘With regard to the gherkin incident, Mr Duncan concluded that the incident did not take place but ‘partially upheld’ the grievance on the basis the member of staff [who did it] accepted that she did engage in ‘banter’ with Mr Connolly about sexual matters, which Mr Duncan described as ‘totally unacceptable.’

Mr Connolly was later fired for the posting of the two WhatsApp messages, unauthorised absences, failing to clock in and his conduct at a meeting with bosses where he became angry and shouted ‘learn how to do your f****** job.’

The tribunal ruled the investigation into homophobia and bullying by Mr Duncan was not influenced by Mr Connolly making a complaint and he was therefore not subject to victimisation.

Employment Judge David Massarella said: ‘Mr Duncan followed the allegations up, including new matters which Mr Connolly raised at his interview, he did not hesitate to express himself robustly as to the unacceptability of homophobia in the workplace.’

The tribunal pointed out that Mr Duncan had taken action to ban the employee who used a homophobic taunt from the bar after calling it ‘disgusting behaviour.’

The tribunal dismissed Mr Connolly’s claims of being wrongfully fired and victimisation.

But it ruled the procedure Wetherspoon’s carried out in firing him was unfair as he was not given notice of his dismissal appeal hearing and this also meant he did not opportunity to be accompanied to it.

Mr Connolly is now in line for compensation. An amount has yet to be set.