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Last Updated: Wednesday, 4 May, 2005, 17:21 GMT 18:21 UK
Gay jibe theatre worker wins case
Gala Theatre Durham
Fausto Gismondi endured gay taunts working at the Gala Theatre
A gay box office worker who suffered months of harassment by his manager has won a discrimination case.

Fausto Gismondi, 28, who worked at Durham's Gala Theatre, told an industrial tribunal that he endured taunts of "gay boy" from boss Ed Tutty.

The Newcastle panel found that he had been constructively dismissed from his job as well as discriminated against.

It also said Durham City Council failed to take steps to prevent the bullying and should feel "considerable shame".

After the ruling, Mr Gismondi, said: "The tribunal's decision is a huge relief. No one should have to endure that sort of treatment at work. The council failed to do anything to stop the harassment.

"I want to make all employers understand that it is against the law to turn a blind eye to this sort of discrimination."

'Treated equally'

During the four-week hearing Mr Tutty admitted saying "gay boy" as part of office banter, but denied he had said it frequently.

But the tribunal found the council had failed in its duty to stop an employee being bullied and harassed.

Another hearing will now be held to set the level of compensation to be paid by Durham City Council.

A spokesman for the council said there would be no comment until the case had been finalised.

Mr Gismondi's lawyer, Jo White of Thompsons, said: "This is an important decision because it highlights the responsibilities employers have under the sexual orientation regulations.

"Gay men and women have the same rights to be treated equally and with respect as anyone else at work."


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