Calling a man ‘bald’ is sexual harassment, tribunal rules

INSULTING a man as “bald” is equivalent to remarking on the size of a woman’s breasts – and therefore sexual harassment, employment judges have ruled.

Hair loss is far more common in men so the term can be a form of discrimination, according to a tribunal.

The ruling – by a panel of three men who noted their own lack of hair – came after an electrician sued his former employers when he was called a “bald **** ”.

Tony Finn, who is in line for compensation, was fired last May after 24 years at brewing accessory makers the British Bung Company.

He told the tribunal in Sheffield he was the victim of sex harassment by supervisor Jamie King, but was less upset by the vulgar term.

The panel, led by Judge Jonathan Brain, declared: “Mr King crossed the line by making remarks personal to the claimant about his appearance. Mr King uttered those words with the purpose of violating Mr Finn’s dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for him.

“Mr King’s intention was to threaten Mr Finn.There is a connection between the word ‘bald’ on the one hand and the protected characteristic of sex. Women as well as men may be bald. However, as all three members of the tribunal will vouchsafe, baldness is much more prevalent in men.”

The panel mentioned a case where a man was found to have sexually harassed a woman by remarking on her breasts, saying: “It is much more likely that a person on the receiving end of a comment such as that which was made in [that] case would be female.

“Mr King made the remark with a view to hurting the claimant... and it related to the claimant’s sex.”

Mr Finn wrote a statement about the incident with his policeman son Robert on officialWestYorkshire Police paper and gave it to his bosses. They accused him of trying to intimidate them and fired him from the Mirfield firm for misconduct.

Mr Finn won his claims of unfair dismissal, wrongful dismissal and of being subjected to detriments and sex harassment.

He lost a claim for age discrimination after the tribunal ruled that Mr King had not called him “old”.

Compensation, to be determined later, will be reduced after the tribunal ruled that he had contributed to his dismissal through his own conduct.