Calling a person bald within the office falls throughout the purview of sexual harassment, an employment tribunal in England has concluded.
The three-member tribunal, led by Judge Jonathan Brain, needed to decide whether or not a reference to somebody’s lack of hair was merely an insult or amounted to harassment.
The choice pertains to a declare of unfair dismissal and intercourse discrimination introduced by Tony Finn towards the West Yorkshire-based British Bung Company, the place he labored as an electrician for twenty-four years earlier than he was fired in May final 12 months.
“In our judgment, there is a connection between the word ‘bald’ on the one hand and the protected characteristic of sex on the other,” the judgment mentioned.
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The tribunal accepted that the lawyer showing on behalf of the corporate, British Bung Manufacturing Company Limited, was proper to submit that ladies, in addition to males, could also be bald.
“However, as all three members of the tribunal will vouchsafe, baldness is much more prevalent in men than women. We find it to be inherently related to sex,” the judgment notes.
The case was heard at Sheffield in northern England over February and April this 12 months.
A future date might be set to find out Finn’s compensation after his claims of sexual harassment, unfair dismissal and wrongful dismissal have been upheld earlier this week.
A associated declare of age discrimination was dismissed.
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The incident associated to Finn’s criticism was as regards to an “altercation” in July 2019 when manufacturing facility supervisor Jamie King reportedly referred to his lack of hair throughout an argument.
Finn informed the tribunal: “I was working on a machine that I had to cover awaiting specialist repair. The covers were taken off, and it was apparent that Jamie King had done this. When I spoke to him about it, he began to call me a stupid old bald cunt and threatened to ‘deck me.’ “Fearful for my personal safety I retreated to the nearby office of Ady Hudson, supervisor. Jamie continued his tirade of threats and abuse at the office door. This was witnessed by Ady.” The tribunal concluded that King “did threaten the claimant with physical violence” and “made pejorative remarks about the claimant’s age or appearance”.
With reference to a earlier case as precedent, they famous that it was held {that a} lady had been “sexually discriminated against when a manager made a single comment to her about the size of her breasts”.
“The tribunal therefore determines that by referring to the claimant as a ‘bald cunt’ on 24 July 2019 Mr King’s conduct was unwanted, it was a violation of the claimant’s dignity, it created an intimidating, etc., environment for him, it was done for that purpose, and it related to the claimant’s sex,” the judgment reads.
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