Bald men have been given the right to sue for sexual harassment, following an Employment Tribunal ruling in May of last year. The Tribunal case which was brought by a veteran electrician, Tony Finn, against his manufacturing firm employers, found that referring to a man as "bald" is equivalent to making comments about a woman's breasts. As a result, it is considered a form of sexual harassment and can be punishable under the law.
In the case, Mr Finn had worked for the West Yorkshire-based British Bung Company for almost 24 years before being fired the year before his claim came before the Employment Tribunal. He claimed that he had been the victim of sex harassment following an incident with factory supervisor Jamie King, during which Mr King had called him a 'bald c***.' Although Mr Finn was not particularly upset by the 'Anglo Saxon' language, he found the comment on his appearance particularly affronting, leading to his claim of sexual harassment.
The Employment Tribunal panel, made up of three men, including Judge Jonathan Brain, found that referring to Mr Finn as 'bald' was unwanted conduct and that Mr King had crossed the line by making personal remarks about Mr Finn's appearance. They concluded that Mr King's intention was to threaten and insult Mr Finn, thereby violating his dignity and creating an intimidating, hostile, degrading, humiliating, or offensive environment for him.
Furthermore, the panel determined that there is a connection between the word 'bald' and the protected characteristic of sex, as baldness is much more prevalent among men than women. The tribunal referred to a previous case where a man was found to have sexually harassed a woman by making comments about the size of her breasts and used this to rebut the firm's point that baldness was not inherently related to sex.
As part of its ruling, the panel found that the British Bung Company had unfairly dismissed Mr Finn, claiming that the company had failed to wait for police to investigate his son's involvement, as they had promised, before sacking him two working days later. The Tribunal found in Mr Finn's favour, awarding him compensation for sex harassment, unfair dismissal, wrongful dismissal, and being subjected to detriments.
This ruling highlights the importance of being aware of what comments are made in the workplace, as even seemingly innocent comments about a person's appearance can be considered sexual harassment. Employers should ensure that they have appropriate policies and procedures in place to prevent such behaviour and that their employees are aware of these policies. They should also ensure that all complaints of sexual harassment are taken seriously and dealt with appropriately, as failing to do so could result in costly employment tribunal claims.
In conclusion, the Employment Tribunal ruling has given bald men the right to sue for sexual harassment and reinforces the need for employers to be aware of what comments they make in the workplace. It also highlights the importance of having appropriate policies and procedures in place to prevent sexual harassment and ensuring that all complaints are taken seriously and dealt with appropriately. If you have been the victim of sexual harassment in the workplace, contact Winston Solicitors on 0113 320 5000 for expert legal advice on how to proceed.
