A UK court has ruled that calling a man “bald” can be considered sexual harassment. 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.
Tony Finn worked as an electrician for the British Bung Company for nearly 24 years before being dismissed in May 2021. During a heated argument on the factory floor, his supervisor, Jamie King, insulted him by calling him a “bald c***.” Finn said the remark targeted his appearance and was more than just an insult, it was sexual harassment.
Tribunal Rules in Finn’s Favor
In February 2022, an Employment Tribunal agreed with Finn. They ruled that the comment about his baldness was related to his gender and was therefore sexual harassment. Finn also won claims of unfair dismissal and wrongful termination.
Company challenges while court upholds the decision
The British Bung Company appealed the tribunal’s decision. They 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.
“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.
