A UK court has ruled that calling a man “bald” can be considered sexual harassment. The ruling stems from a case involving Tony Finn, a former employee of the British Bung Company, who sued the West Yorkshire-based firm for sexual harassment after an offensive remark was made by a supervisor.
Tony Finn, an electrician, had worked at the British Bung Company for nearly 24 years before being dismissed in May 2021. Following his dismissal, Finn took legal action against the company, alleging unfair dismissal and sexual harassment, with one of his key complaints being the derogatory comments made about his baldness.
The harassment incident occurred during a heated argument on the shop floor, where Jamie King, a factory supervisor, called Mr. Finn a “bald cunt”. Offended by the personal nature of the remark, Mr. Finn pursued legal action, claiming the comment was not just an insult, but sexual harassment.
In February 2022, an Employment Tribunal ruled in favor of Mr. Finn, agreeing that the baldness-related comment constituted sexual harassment. Mr. Finn also won claims of unfair dismissal and wrongful termination.
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In November 2023, the Employment Appeals Tribunal, overseen by Mrs. Justice Naomi Ellenbogen DBE, dismissed the company’s appeal. Justice Ellenbogen concluded that the comment was “inherently related to sex” and that baldness, particularly in men, is often used as a point of ridicule linked to masculinity.
“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 in the court’s ruling.
It wasn't sexual harassment but "sex-related harassment" or something like that.