Calling a man “bald” is sexual harassment, a panel of bald judges ruled.
Hair loss is much more common among men than women, so using it to describe someone is a form of discrimination, a labor judge concluded.
Commenting on male pattern baldness in the workplace is equivalent to noting the size of a woman’s breasts, the finding said.
The decision – taken by a group of three men who, in making their judgment, complain about their own lack of hair – comes in a case between a veteran electrician and the employers of his manufacturing company.
Tony Finn – who is now in line for compensation – worked for the West Yorkshire-based British Bung Company for almost 24 years when he was fired last May.
He took them to the tribunal, claiming, among other things, that he had been sexually harassed after an incident with Jamie King, the factory manager.
Remarks on personal appearance “crossed the line”
Mr Finn claims that during a shop scandal that nearly erupted in violence in July 2019, Mr King – almost 30 years his junior – called him “bald …”.
The Sheffield tribunal in North Yorkshire heard that Mr Finn feared for his personal safety, but was less upset by the Anglo-Saxon language than by the commentary on his appearance.
The allegation led the panel, led by Judge Jonathan Brain, to discuss whether the remark about his baldness was just an insult or harassment.
“We have no doubt that mentioning this in a humiliating way is unwanted behavior insofar as [Mr Finn] he was concerned, “the tribunal said.
“It’s a strong language. Although, as we find, industrial language was commonplace in the West Yorkshire plant, in our view Mr King crossed the border by making personal remarks to the applicant about his appearance.
“It is difficult to draw a conclusion, except that Mr. King uttered these words in order to break [Mr Finn’s] dignity and creating an embarrassing, hostile, humiliating, humiliating or offensive environment for him.
“By his own admission, Mr. King’s intention was to threaten [Mr Finn] and insult him.
“In our opinion, there is a connection between the word ‘bald’ on the one hand and the protected characteristic of sex, on the other.”
The ruling said the company’s lawyer was right to say that “both women and men can be bald”, but said: “However, as the three members of the tribunal will guarantee, baldness is much more more common in men than in women.
“We find it inherent in sex.”
As part of its decision, the panel raised a previous case before a tribunal in which a man was found to have sexually harassed a woman, noting the size of her breasts to disprove the company’s claim.
“One is much more likely to receive a comment like the one that was made [that] the case will be female, “the tribunal said.
“Also, a person who receives a remark like the one made by Mr. King is much more likely to be a man.
The Court therefore finds that, referring to the applicant as “bald with…” … Mr King’s conduct was undesirable, constituted a violation of the applicant’s dignity, created an embarrassing environment for him, was committed for that purpose and was related to with the sex of the plaintiff. “
Unfair dismissal decision
The tribunal heard that Mr Finn had written a statement about the incident with his son Robert, who was a police officer, in an official document of the West Yorkshire Police.
When this was handed over to his bosses at the family-owned company, which produces traditional wooden barrel caps for the brewery, they initially believed he had reported the incident as a crime.
Mr Finn told them he did not intend the statement to look like an official police document. However, the company accused him of trying to intimidate them and fired him for misconduct.
In addition to confirming his claim of sexual harassment, the tribunal ruled that the company fired him unfairly because instead of waiting to hear from police after they complained about his son’s involvement – as promised – they fired him two working days later. late.
Judge Brain said: “Mr Stear and Mr Taylor are not criminal lawyers. They are not police officers. In our opinion, for the offended but untrained eye, the statement has all the hallmarks that it was made before the West Yorkshire police in connection with the investigation of an alleged crime. “
Mr Finn won lawsuits for unfair dismissal, wrongful dismissal and sexual harassment.
He lost an additional claim for age discrimination after the tribunal ruled that Mr King did not call him “old” but simply “bald”.
Mr Finn’s compensation will be determined at a later date. However, any payment will be reduced once the tribunal has ruled that he or she contributed to his or her dismissal through his or her conduct.
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