A Christian barman attempted to sue Wetherspoons for discrimination after he was sacked for saying "God will forgive you" to a lesbian colleague – who then replied: "I am not going to apologise for liking boobies."
The incident took place on the weekend of Gay Pride, and Thomas Richardson also said he did not want "the gay thing shoved down [his] throat" at the pub where he worked, an employment tribunal heard. His work colleagues went to his bosses to let them know about his comments. It was then discovered that his Facebook profile contains "anti-woke" posts, where he compared the Black Lives Matter movement to a Marxist terrorist organisation, and called for Islam to be banned. Mr Richardson was 21 at the time, and happened to be autistic.
He was dismissed for gross misconduct, but took the hospitality business to court, saying that he had been discriminated against because "we should live in a democratic society where people can speak and make choices freely". Nevertheless, he withdrew his claim of religious discrimination mid way through the case as well as his claim of disability discrimination, which was disregarded by a judge.
He said homophobic insults should not be ignored just because the person speaking is autistic. The tribunal took place in Norwich, and heard that Mr Richardson's role at The Queen of Iceni pub in May 2021 was his first actual job.
A Christian Wetherspoons barman has been sued for discrimination (Getty Images)He was described as a "good worker" who "got on well" with everybody. But on July 30 last year, the annual Gay Pride parade took place in Norwich, and the tribunal heard how the pub was busy as a consequence. When a colleague questioned what he thought of gay people, he said: "I am fine with them, I just don't want the gay thing shoved down my throat."
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In August, Mr Richardson said "God will not forgive gay people'", to which a female colleague said "I'm not going to apologise for liking boobies". He then replied saying "God has forgiveness for everyone". When he was questioned why she had to apologise for being gay, he said "maybe God will forgive you".
In the following investigation, Mr Richardson described himself as a "born again Christian" and having been questioned about his gay comments. He compared his circumstances to "totalitarianism during the 1930s in Eastern and Western Europe".
In an interview with bosses, Mr Richardson described his Facebook posts, including calling Black Lives Matter movement as a Marxist terrorist organisation as "anti-woke stuff". After a disciplinary hearing, he was sacked. Mr Richardson took Wetherspoons to tribunal claiming he had been discriminated against for his beliefs.
The hearing was told these included: "a) man should take a woman; b) that all men and women are equal; c) that we should live in a democratic society where people can speak and make choices freely; and d) all people, [of any] race and/or nationality should be equal." However, after giving evidence he withdrew this claim, leaving only the disability claim to be ruled upon.
Rejecting this, Employment Judge Martin Warren said: "Telling somebody that God will forgive them, (or not) for being gay is harassment on the grounds of sexual orientation."It is unwanted conduct that can reasonably be perceived as creating the proscribed environment. The same may be said of the comment to the effect that one does not want Gay Pride rammed down one's throat."
He continued: "One cannot simply ask employees to ignore homophobic insults because the person saying them is autistic." Dismissing his claims of disability claim, he said Mr Richardson had been guilty of gross misconduct and pub's decision to sack him was reasonable.
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