Veale Wasbrough Vizards associate Michael Hasley has unsuccessfully defended the Royal College of General Practitioners (RCGP) against a claim of sexual harassment and discrimination from a former employee.
Claims of unfair dismissal and racial discrimination from the same former employee were not successful.
The Central London Employment Tribunal heard that French porter Appadoure Basile, who was nicknamed Basil Fawlty by colleagues at the RCGP, was sworn at and mocked with crude sexual hand gestures.
Workmates would shout “Basil” at him in the style of the character Sybil in the TV comedy Fawlty Towers. His boss, manager Nicholas Rogers, also dubbed him Inspector Clouseau after the bumbling Steve Martin character in the recent Pink Panther movies.
The tribunal heard the nicknames created a humiliating environment for Basile, who was represented by the Free Representation Unit.
Basile, who was made redundant from his role at the RCGP’s headquarters in 2010, failed in an unfair dismissal claim against the RCGP. The tribunal also ruled that he was too late to succeed in a claim of racial discrimination.
However, the RCGP and Rogers were found guilty of sexual harassment and discrimination.
The panel will reconvene in June to rule on the level of damages Basile will receive from the college, whose patron is the Duke of Edinburgh.
An RCGP spokesperson said: “The RCGP appealed the case on one small technical point, which was deemed several years out of date. Costs to the college have been kept to a minimum on this issue as it was also able to use in-house expertise on the case.”
Hasley led the case himself and did not instruct counsel.
Readers' comments (12)
Acxll | 7-May-2012 8:58 pm
Adding the politically correct the claimant (victim) was for years subjected to a barrage of race and sex hassles, and of harassments throughout his employment.
The Claimant in fact was subjected to the frequent questioning in front of employees:
a)“How is the banana” then b) “how is the Cucumber” and lastly c) “ How is the hanging”.
Note the subtlety compared with “How is it hanging” which was in fact put to the claimant during cross-examination by the RCGP’s solicitor Michael Hasley of Veale Wasbrough Vizards, and that perhaps, the victim misconstrued or misheard it. Strangely speaking this variation “How is it hanging” was retained although never heard of.
The tribunal panel found unanimously not only Nicholas Rogers but the Royal College of General Practitioners co-liable after an 8 days hearing. Further the College solicitor, Michael Halsey, responsible for their conducts (RCGP (R1) and Mark Rayner (R2) & Nicholas Rogers (R3)),unhappy with the judgment appealed the decision at the Employment Appeal Tribunal whose notice of appeal was written by Richard Leiper of Veale Wasbrough Vizard. Needless to say they failed as the EAP spot on stated “Notice of Appeal disclosed no reasonable grounds for bringing the appeal and no prospect of success. I see no error of law.”
It should be noted for the record that although the claimant’s representative strived to settle amicably and fairly but the RCGP refused including the HR manager, Sandi West. Then followed since the beginning series of continued denials, court cost order with unimpressed tactics that all failed.
The claimant also faced a non cooperation from the HR department to disclose contact details of ex-employees so that he could seek statements equally.
Again Needless to say numerous RCGP witness statements showed various degrees of collusion with each other, indeed. So many mined field ahead but justice at least...
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Anonymous | 5-Jan-2013 12:01 pm
Justice sometime will prevail. Hope the culprits give up their nastiness this new year.
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