[1][2][3] The court's decision, in Mr T's favour, was informed by the French Labour Code and the European Convention on Human Rights.
[3] Mr T stated that he had a different understanding of "fun" and that it was his right to engage in “critical behaviour and to refuse company policy based on incitement to partake in various excesses”.
"[5] The court decided that workers should not be obliged to “forcibly participate in seminars and end-of-week drinks frequently ending up in excessive alcohol intake, encouraged by associates who made very large quantities of alcohol available” and that it was valid for Mr T to not want to take part in “practices linking promiscuity, bullying and incitement to get involved in various forms of excess and misconduct”.
[3] The court found that Cubik Partner's definition of fun breached Mr T's “fundamental right to dignity and respect of private life” and that his refusal to take part was his “freedom of expression.”[3] The court stated that the culture of the company included “humiliating and intrusive practices regarding privacy such as simulated sexual acts, the obligation to share a bed with a colleague during seminars, the use of nicknames to designate people and hanging up deformed and made-up photos in offices.”[3] The court obliged Cubik Partners to pay Mr T €3,000.
[5] Also in 2022, Lloyd's of London fined member firm Atrium Underwriters £1 million after it including an employees' "boys' night out" during which senior leadership "took part in inappropriate initiation games and heavy drinking, and made sexual comments about female colleagues".