Calling a man Bald can be considered sexual harassment UK Court Ruled. The decision came after Tony Finn, a former employee of the British Bung Company, sued his employer for unfair dismissal and harassment over a remark about his baldness
During a workplace argument, King allegedly called Finn a “bald c***,” which Finn argued was not just insulting but also inherently linked to his gender. Following his dismissal in 2021, Finn took his case to an Employment Appeals Tribunal.
Tribunal Rules in Finn’s Favor
In February 2022, the tribunal ruled in his favor, finding that the comment constituted sexual harassment, among other claims. The employer’s subsequent appeal was dismissed by the High Court in November 2023.
Justice Naomi Ellenbogen, presiding over the appeal, supported the tribunal’s conclusion that the comment was inherently related to sex. She noted that baldness is significantly more common in men than women, making the insult gendered. The judge compared the remark to commenting on a woman’s breast size, stating that both involve characteristics more prevalent in one gender and could therefore breach equality laws.
Company challenges while court upholds the decision
Company argued that baldness affects both men and women and that the comment was not specifically related to Finn’s gender or masculinity.In November 2023, the Employment Appeals Tribunal dismissed the company’s appeal.
Mrs. Justice Naomi Ellenbogen DBE ruled that the insult was linked to Finn’s appearance and masculinity, making it related to his gender
In November 2023, the Employment Appeals Tribunal dismissed the company’s appeal. Mrs. Justice Naomi Ellenbogen DBE ruled that the insult was linked to Finn’s appearance and masculinity, making it related to his gender.
“The remarks about Mr. Finn’s baldness were directed specifically at his appearance and masculinity, making the comment inherently related to his sex,” said Justice Ellenbogen. The judge compared the remark to commenting on a woman’s breast size explaining that the case involves characteristics that are more prevalent in one gender and could therefore breach equality laws.
Why this ruling was important?
This ruling expands the understanding of sexual harassment in the workplace. It shows that comments about physical traits, especially those tied to gender, can be seen as harassment.The decision sends a clear message that offensive remarks about someone’s appearance will not be tolerated at work. Tony Finn is now eligible for compensation for both harassment and unfair dismissal, highlighting the importance of respectful behavior in the workplace.
The decision paves the way for Finn to receive compensation and reinforces the interpretation of sexual harassment under equality laws.
