Calling a man 'bald' is sex harassment, tribunal of hairless men rules

13 May 2022, 08:39 | Updated: 13 May 2022, 09:01

A tribunal in Sheffield has found it can be sex harassment to comment on a man's baldness
A tribunal in Sheffield has found it can be sex harassment to comment on a man's baldness. Picture: Alamy

By Daisy Stephens

Calling someone bald is comparable to commenting on the size of a woman's breasts and amounts to sex harassment, an employment tribunal has ruled.

Listen to this article

Loading audio...

The landmark decision - made by a panel of three bald men, according to The Telegraph - relates to a claim bought by Tony Finn, 64, against the British Bung Company, where he worked as an electrician for 24 years before being fired in 2021.

Mr Finn said he was a victim of sexual harassment after comments were made about his baldness, including being called a "stupid bald c***" by his supervisor during an argument.

His supervisor, Jamie King, also threatened to "deck" him, Mr Finn recalled, saying the encounter left him "fearful for my personal safety".

Read more: 'Porn MP' Neil Parish threatens to stand for re-election against Tory candidate

Read more: Check your fridge: Supermarkets urgently recall chicken products over salmonella fears

The three-person panel was asked to decide whether calling someone bald is an insult or amounted to harassment.

They said the remark "crossed a line" and dismissed an argument that the comment was not sexist because women can be bald, too.

The judgement said there was "a connection between the word 'bald'" and "the protected characteristic of sex", nothing that it is "much more prevalent in men than women".

The panel, led by Judge Jonathan Brain, added: "We find it inherently related to sex."

Daniel Barnett outlines issues with bald sex harassment ruling

Barrister and LBC presenter Daniel Barnett said he thought the ruling "gives discrimination law a bad name".

"Something is harassment if the employer engages in unwanted conduct... related to a protected characteristic, here the protected characteristic is sex, and that conduct has the purpose or effect of creating an intimidating or hostile environment for the employee," he told Iain Dale, adding that the fact the employer had created a "hostile environment" was not controversial.

"But here's the controversial bit - the tribunal also said that because one of the adjectives was 'bald', and men are more likely to be bald than women, the word used, the word 'bald', was related to sex... and so the harassment was sex harassment."

The three-person panel was asked to decide whether calling someone bald is an insult or amounted to harassment
The three-person panel was asked to decide whether calling someone bald is an insult or amounted to harassment. Picture: Alamy

The tribunal then compared the case to a previous one that found a man had sexually harassed a woman by commenting on the size of her breast.

It said that, because the person on the receiving end of the comment is much more likely to be of a certain gender, the same could be said about Mr Finn's case.

The tribunal said the remark was made "with a view to hurting the claimant by commenting on his appearance which is often found amongst men".

It added: "The tribunal, therefore, determines that by referring to the claimant as a 'bald c***', Mr King's conduct was unwanted, it was a violation of the claimant's dignity, it created an intimidating environment for him, it was done for that purpose, and it related to the claimant's sex."

Read more: Pilot 'punched by passenger' in horror mass brawl on Wizz Air flight to Greece

Read more: Boris to axe 90,000 civil service jobs and save Brits £3.5bn amid cost of living crisis

The tribunal then heard that Mr Finn was fired when he handed his boss a statement about the incident on official West Yorkshire Police paper - given to him by his son, who is a police officer.

The company allegedly accused him of intimidation and fired him for misconduct.

Mr Finn denied trying to make the statement appear as an official police document.

The tribunal upheld claims of sex harassment, unfair dismissal and wrongful dismissal.

However it dismissed a claim of age discrimination.

After the judgement, Mr Finn said he hoped the decision would stop other men being "verbally assaulted and intimidated because they are bald".

The company - the British Bung Company - said it was "surprised" by the employment tribunal's comments.

A date to determine Mr Finn's compensation will be set by the court.

More Latest News

See more More Latest News

Jay Slater (main) and Tenerife police hin ting for the missing Brit

Jay Slater detectives find different missing Briton while searching Tenerife gorge

Tommy Robinson has been arrested

Tommy Robinson arrested in Canada for immigration offences and stripped of passport

Exclusive
Home Secretary James Cleverly (left) and shadow home secretary Yvette Cooper take part in a live immigration debate on LBC's Nick Ferrari at Breakfast at Global Studios in Leicester Square, London. Picture date: Tuesday June 25, 2024.

James Cleverly debates Yvette Cooper on immigration | Watch Again

Exclusive
Home Secretary James Cleverly (left) and shadow home secretary Yvette Cooper take part in a live immigration debate on LBC's Nick Ferrari at Breakfast

Yvette Cooper says Labour will 'work with other countries' on migrant returns despite pledging to axe Rwanda scheme

The Tories have withdrawn support for two candidates being investigated over betting allegations.

Tories withdraw support for candidates caught up in election betting scandal

Yvette Cooper has dismissed claims made by James Cleverley on LBC

Yvette Cooper dismisses claims migrants are sitting in France 'waiting for Labour government'

Yvette Cooper slammed Just Stop Oil as 'pathetic'

Yvette Cooper slams 'pathetic' Just Stop Oil as she brands Stonehenge stunt a 'total disgrace'

Exclusive
James Cleverly and Yvette Cooper clashed on immigration

Labour will open door to 100,000 more migrants, James Cleverly claims, as Yvette Cooper accuses him of lying

Exclusive
James Cleverly and Yvette Cooper on LBC's Nick Ferrari at Breakfast.

Labour won't get rid of 'incredibly expensive' Bibby Stockholm on day one, says Yvette Cooper

Hot weather has hit the UK

Exact date 35C 'pulses' from Europe to boost UK's sweltering heatwave, as temperatures soar

Lord Robertson said it is "total nonsense" that the West provoked Russia into invading Ukraine

Nigel Farage is 'cuddling up to the Kremlin', says ex-Nato boss amid claims West provoked Russia into invading Ukraine

Sir Keir Starmer has told a headteacher that her private school should ‘work to ensure costs are kept affordable for parents’.

Private schools must ‘ensure costs are kept affordable for parents’, Starmer tells headteacher amid plans for tax raid

Exclusive
Jordan McSweeney and Damien Bendall both committed murders while on probation

One person a week killed by criminal on probation, as ex-Victims Commissioner slams failure to protect public's safety

Tom Hilton said internet sleuths should 'show some respect'

'Show some respect': Teenager wounded in machete attack by Jay Slater gang tells internet sleuths 'to help find him'

Live
James Cleverly and Yvette Cooper clash.

General Election LIVE: Cooper and Cleverly clash in LBC immigration debate as Tories drop Gamblegate candidates

Rishi Sunak Holds Campaign Event In London

Metropolitan Police denies 'leaking names' of Conservatives suspected of betting on election date