Unbelievable as it may sound, in an unprecedented judgment, an employment tribunal ruled that labelling a man “bald” is sex-related workplace harassment.
Tony Finn was employed by the British Bung Company in West Yorkshire for almost 24 years before being dismissed. In May 2022, he was fired. Finn alleged that during a heated exchange on the shop floor in July 2019, colleague Jamie King referred to him as a “bald cunt,” a comment that he claimed was particularly offensive and indicative of sex-related harassment.
Judge Jonathan Brain, the presiding tribunal judge, headed the investigation into the crash. They realized that dehumanizing language was prevalent in the factory setting. It concluded that King’s remarks crossed a significant line by making personal comments about Finn’s appearance. The comments were insulting, and the tribunal held that they specifically attacked Finn’s dignity.
In their deliberation, the tribunal noted that Finn was less disturbed by the coarse language typically used in the workplace than by the specific comment about his baldness. That distinction became key in their decision about whether to classify King’s comments as harassment or simply an insult.
The tribunal stated, “We find it to be inherently related to sex.” They realized that baldness affects men significantly more than women. That only gives half the story. The odds are even better that when someone gets these kinds of comments, it’s a dude. This was a critical point that drove their determination and their conclusion that King’s statements were based in sex discrimination.
In addition to this, the tribunal emphasized the purpose of King’s statements. “It is difficult to conclude other than that Mr. King uttered those words with the purpose of violating [Finn’s] dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for him,” they stated. This conclusion highlighted the tribunal’s position that comments related to physical appearance can create a toxic workplace.
Tony Finn’s case underscores the complex nature of workplace relationships. It’s a great example of how a seemingly harmless, innocuous comment can easily turn the corner into harassment. The tribunal’s initial priority will be to bring accountability to the behavior that our workers encounter daily in the workplace. They will calculate his damages compensation at a later date.