Baldness and Sexual Harassment
A recent tribunal ruling has found that because baldness is more prevalent amongst men, that drawing attention to baldness in the workplace is similar to referring to female characteristics and as such can be seen as being harassment.
The ruling was made in a case between an electrician who had worked for a manufacturing sector employer for some 24 years.
The employee took the employer to tribunal claiming that he had been the victim of sex-related harassment after an altercation with a member of the supervision team. The supervisor had used abusive language but this was seen as being less offensive as the implied sexual harassment of the employee by referring to his baldness.
Solicitors defending the employer claimed that baldness was not the preserve of men. This was accepted by the panel but they concluded that;
“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 former employee is now entitled to compensation.
The case shows that sexual harassment is not a gender specific matter and employers should ensure that derogatory, potentially intimidatory, terminology is not used in the workplace.
If you have any employment law related issues please contact our team:
T: 01895 256151