What can I do about my boss watching porn?

[Sass]

I work in a very small engineering company in the UK which comprises of the owner, myself and one other person who's on the same level as me.

We work in a very small unit where downstairs is for manufacturing and upstairs is for stock. It's all open plan, no internal doors anywhere apart from the toilet and the boss has a desk in the corner of the upstairs area. Myself and my colleague have to access the upstairs stock area almost daily as part of our job where we are required to be in the vicinity of the boss's desk while searching for stock.

The boss is clearly up to no good upstairs near his desk and we know this because:

He's left porn open on his PC a few times
He has porn DVDs dotted about upstairs around his desk He has toilet rolls on his desk
He has baby oil near his desk
He has a list of porn stars on his desk
He has empty beer bottles scattered around (and drives home every day)

If he's ever already upstairs and myself or my colleague walk up the stairs the boss jumps up from his PC and runs over to us very quickly all flustered and red faced to prevent us from walking nearer to his PC. Same goes for if myself or my colleague leave work for the day and forget someone so quickly go back in to work, the boss is already upstairs at his PC and runs across the floor to us quickly if he sees that we've popped back in to get whatever we forgot.

I started working there in good faith and have been there for just over 2 years now but I'm becoming increasingly uncomfortable now I know what he's up to upstairs. Upstairs is a shared space (apart from his desk I assume) and there is no sink up there so if he's doing what I suspect he's doing then he's not able to wash his hands up there and we're all sharing pens and keyboards and mice etc...

Without getting photos of him "in the act" what can I do? I know it would be illegal to get photos withyhis Knowles anyway.

I don't believe it's right that he's put myself and my colleague in the position where we should have to raise this issue with him due to the nature of it and because it's just the 3 of us here he would either sack us on the spot (which he's done in the past to someone who tripped over a pallet) or it would make the working environment extremely uncomfortable.

Obviously as he's the boss I can't have a meeting with him to discipline him etc so is there any grounds for me to leave and then take him to tribunal for unfair dismissal after the fact because he's made the workplace extremely uncomfortable? Obviously having evidence would be tricky, I have photos of all the porn related stuff he has lying around but obviously no pictures of him doing anything. Or is my only option to just leave empty handed and find another job even though he's the one that's caused this situation?

[Sass]

Apologies for the autocorrect spelling mistakes, paragraph 5 should read 'forget something ' and paragraph 7 should read 'without his knowledge'.

[dslippy]

The obvious case is to do exactly as you describe in your last paragraph.
What does your co-worker say about this?

[Sass]

As in, just leave and find another job? That would solve the issue of course but I feel like I've been let down/mislead by the boss.

Almost 2.5 years ago I left a much higher paying job to work for him because I'd had enough of the higher stress levels and working hours of my previous job and my current boss allowed me to chose my hours and it's much lower stress so it was a big decision for me and my Wife to make for me to leave my previous job for a much lower paid job which I did in good faith that all would be ok at the new job.

I'm 42 but my coworker is 70 years old, he's already retired once and he's about to retire again for the final time so although he agrees that what's going on isn't fair on us it's not something that will really affect him because he'll be gone within 6 months.

My boss is trying to put the burden on me to find a replacement for when my coworker leaves but obviously I don't want to bring in anyone I know to the uncomfortable situation that the boss has created because he feels the need to do these things at work rather than at home.

Just wondering if I have grounds for unfair dismissal after the fact if I leave without having to raise the issue with him first because it's an uncomfortable issue that I shouldn't have to be raising with him, has been brought on completely by him by choice and was a completely avoidable situation. If I did have grounds then I guess I'd have a hard time proving it?

[ULA]

I am sorry to say but you are in a really difficult situation.

The only way to leave and prove unfair dismissal after the fact is to claim constructive unfair dismissal which means you would have to prove that you had no alternative, due to the conduct of your employer but to resign. For this type of claim the burden of proof would be on you. In addition Tribunals would look to see what you had done to try to resolve this internally first before resigning by exhausting a grievance procedure.

[Sass]

I figured as much, not a great situation then lol

[red_boots2]

I think everyone is overlooking the most obvious solution here; a bit of chilli oil in the baby oil should stop the issue

[Sass]

That would be quite amusing.