Judge says there was a ‘sustained’ campaign motivated by homophobic behaviour to force employees out of the business

A waiter and his husband who were “bullied for months on end” because of their sexual orientation by their colleagues and boss were discriminated against, a tribunal has ruled.

The South London Tribunal determined that the two gay employees, Mr Jeurninck and his partner, Mr Scatena, who was the manager and a shareholder at Piatto restaurant, were victims of direct discrimination and harassment.

The tribunal ruled there was “more than enough evidence” to suggest the director's actions were motivated by homophobia and that “it would be perverse to find otherwise”. It found that Jeurninck and Scatena experienced inappropriate behaviour because of their sexual orientation, which had the “purpose of violating their dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them”.

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Scatena – who owned 30 per cent of the company – and Jeurninck, who wed in July 2017, started working at Piatto in January 2018 and remained there until Jeurninck resigned from his role as a waiter on 18 December 2018, followed by Scatena on 25 April 2019.

The tribunal noted that Jeurninck and Scatena were the targets of homophobic slurs between June and September 2018.

In June 2018, Jeurninck had been setting up the restaurant for the evening...

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