A MAN has won a landmark legal case after a judge ruled derogatory gestures made towards him amounted to homophobic abuse.

The complainant, named only as “Tim” was subjected to months of abuse from a staff member at Taylor Edwards locksmiths, in West Road, Shoebury.

Tim, who is gay, successfully argued the firm had broken the terms of the Equality Act, which prevents retailers from discriminating against customers on grounds including race, religion and sexuality.

The worker, Peter Edwards, had been on a break outside the shop when he made the vulgar gestures.

But a judge ruled he was acting in the course of his employment and awarded Tim damages of £7,500.

The abuse started in late 2013 when Tim returned some locks to the shop.

A minor altercation led to Mr Edwards blowing a sarcastic kiss at Tim, which led to months of abuse whenever the victim walked past the shop.

Tim said: “He would just make gestures ranging from what I would call quite low level.

“He would wink at me, and pose with a limp wrist, kiss at me and what I would class as a vile, vulgar homophobic gesture as well, inferring oral sex with a male.

“That was the most offensive.

“I was his joke I think, his source of amusement. I don't knowwhat his mindset was. I was stressed out by it, distressed. I suffer from depression and it contributed to a relapse.”

Chris Fry, a solicitor with Unity Law, who represented Tim, said: “For the first time the court has said that the discrimination on the part of businesses can be by gestures only.

“You don’t need to show that there were any words spoken.

“Importantly, for gay men like Tim who experience acts of discrimination that they think that the law can’t take action on, this judgment means that they can.”

Tim said it was important to pursue the legal action as a way of standing up for who he is.

He added: “You don't have to be a wallflower, you don't have to be a shrinking violet, you can report this kind of behaviour.

“As it said in the final order, it is ‘unlawful direct discrimination’. I think those three words sum it up.”

Taylor Edwards and Mr Edwards declined to comment on the case.