KB-2021-000741 - [2025] EWHC 2096 (KB)

Mr Richard Dean has brought proceedings for unfair dismissal in the Employment Tribunal. He is not a party to these proceedings, but he has given evidence. Those proceedings are being defended inter alia on the basis that it is said that the Tribunal does not have jurisdiction since there is no contract of employment and that Mr Dean was self-employed.

Mr Dean has given evidence relating to a culture of homophobia. He and his wife feel deeply on that subject not least because two of his wife’s children who are gay. His evidence was that there were homophobic remarks made by Andy Court and another instructor named Clive. In 2018 the company organised a coach trip to Brighton when Mr Court was standing up and shouting “gays should be shot as it goes against the Bible”. Mr Dean and his wife reminded Mr Benson of what Mr Court had said on the coach, and Mr Benson replied that Mr Court was the way he was because he was an old style homophobic. When in 2023 Mr Dean’s wife referred to Mr Court as a “knobhead”, she received an e-mail from Mr Benson stating that the behaviour was unprofessional and the languages abhorrent. There was a refusal to apologise unless there would be apologies both ways which were not forthcoming. Mr Dean’s evidence is that following this, Mr Dean only received one referral of a pupil from the new office manager.

It is sensible at this point to refer to the evidence of Mr Court. Mr Court gave evidence, but his knowledge of the Claimants was very limited because he worked from a different office dealing mostly with motorcycle instructors. He denied that he said on a coach trip to Brighton that “all gays should be shot”, but admitted that it had been said. In that regard, I prefer the evidence of Mr Richard Dean who confirmed that Mr Court had said this. Mr Benson said of him that he was an old-style homophobic. There was also evidence of Mr Court and Mr Benson discussing different kinds of homosexual men according to their perception. This is supportive evidence to the allegations about homophobia in JBL. It got close to an admission for Mr Court to admit that this had been said, albeit not by him. At least, this is corroborative evidence of a homophobic environment not restrained within JBL, and in a public way. I accept the evidence of Mr Dean that Mr Court and another had a homophobic conversation. There is also support from Ms Newell’s evidence that there was a culture of what she called Mr Benson’s lackeys including Mr Court joining in with racist and sexist remarks.

Looking at the evidence as a whole, I accept the evidence of Mr Dean in this regard, and I do not accept the evidence of Mr Court.

There was evidence from Jacqueline Leech, the widow of Gavin Leech, who was distressed about the way her late husband had been treated and about the way she had been treated coldly after the death of her husband. She also alleged that Mr Benson drove past her home in the period of just over a fortnight following her husband’s death. It is not necessary to make findings about these matters for the purpose of this action. For the purpose of completeness, as noted above, the father of Ms Freeman, Mr David Freeman also gave evidence.