According to the Telegraph, a homosexual City banker dismissed for alleged improper behaviour in front of a male colleague accuses HSBC of sacking him because of his sexuality. Peter Lewis, aged 45 denies HSBC's allegation and is seeking £5 million in compensation from the bank and is now having his claim heard in the Employment Tribunal.
Human resources summoned him to an urgent meeting after he was accused of "behaving inappropriately" in the changing room of the company's gym. He was suspended a few days later and dismissed on December 9 after a disciplinary investigation. He later lost an appeal.
As the Telegraph writes "It is the most high-profile case to be brought to an employment tribunal under new laws extending sex discrimination rules to homosexuals.The revised employment rules, introduced in December 2003, entitle homosexuals to the same freedom from discrimination"
Some brief observations:
1 This is yet another instance of a bank facing a high profile employment claim. I have previously posted about the fact that six female employees had filed a $1.4 billion lawsuit in the US Courts against Dresdner Kleinwort Waserstein.
2 The new legislation now does give far more incentive to gay employees to sue if dismissal relates to sexuality. The statutory cap which is limited at £58,400 is not relevant and unlimited damages are in play.
3 HSBC can hardly say that it is surprised to be facing a claim. From the evidence I have seen, dismissal relates exclusively to the conduct within a gym, and it it not a case of the bank of relying on some other ground for dismissal. It is big stakes for both parties here - It is going to be interesting to see what evidence the firm had to justify dismissal.