In a landmark ruling, a UK employment tribunal found that calling someone “bald” could constitute sexual harassment under certain conditions, particularly when directed at men. This ruling has prompted many employers to re-examine what may qualify as harassment in the workplace and highlighted the importance of fostering respectful, inclusive environments. As UK workplaces adapt to updated legislation, here’s a guide to understanding this nuanced area of workplace safety, along with actionable tips on preventing harassment.
Understanding the context: Baldness as sexual harassment
In May 2022, a UK tribunal determined that referring to an employee’s baldness in a negative or targeted manner could amount to sexual harassment. The tribunal found that, in some cases, calling someone bald could create an environment that feels hostile or humiliating. This ruling specifically recognised that baldness is often associated with men, making it potentially gender-related when the intent or effect is to demean or intimidate.
The judgment reminds employers that harassment doesn’t have to be overtly sexual in nature. Inappropriate remarks about someone’s physical appearance, if they are unwanted and create a negative impact, can constitute harassment. Understanding this definition helps employers take proactive measures to ensure a respectful workplace.
Key tips for employers on sexual harassment and workplace safety
The baldness ruling emphasises that harassment can be subtle or unintentional but still harmful. Here are some strategies to prevent harassment, create a safer workplace, and ensure compliance with the Worker Protection (Amendment of Equality Act 2010) Act 2024, which took effect on 26 October 2024.
Foster an inclusive, respectful environment
Employers should encourage a culture where every employee feels valued, regardless of gender, age, appearance, or other characteristics. Educate staff on respectful communication and foster an understanding that comments on someone’s appearance, even in a light-hearted context, may be unwelcome or offensive. In cases where employees might not be aware of the impact of certain remarks, it’s helpful to provide guidance on why these comments can be hurtful.
Implement a clear anti-harassment policy
Having a robust anti-harassment policy is a crucial first step. This policy should define harassment broadly to cover unwelcome comments, gestures, or behaviour about any aspect of a person’s identity, including physical appearance. Make it clear that targeting aspects such as baldness, weight, or other physical attributes can also qualify as harassment if it makes someone feel uncomfortable, belittled, or marginalised.
Ensure this policy is accessible to all employees and covers both internal interactions and situations involving third parties, such as customers or clients, in line with the 2024 legislation update. A clear policy can help employees understand what constitutes harassment and reassure them that complaints will be taken seriously.
Provide training on harassment awareness
Regular, interactive training on harassment awareness is key to fostering a respectful workplace. These sessions should clarify that harassment can extend beyond sexual advances and include other types of demeaning or inappropriate behaviour. Highlight real-world examples, like the baldness ruling, to show that even comments that may seem innocuous can have unintended effects.
Training is particularly beneficial for people managers, who are often responsible for addressing complaints. Make sure they are equipped to recognise when comments, jokes, or behaviours may be crossing a line and know how to respond appropriately.
Encourage open communication and reporting
A workplace culture where employees feel safe to report concerns without fear of retaliation is essential. Introduce reporting mechanisms that are confidential, accessible, and provide employees with the assurance that their concerns will be handled fairly. Some companies use anonymous reporting channels, but even a clear, open-door policy where employees feel comfortable talking to HR can make a difference.
Take reasonable steps to prevent harassment
Under the Worker Protection Act 2024, employers are now required to take reasonable steps to prevent harassment in the workplace. This includes proactive measures like updating policies, offering regular training, and establishing a zero-tolerance approach to offensive or hurtful comments. Employers are encouraged to revisit workplace policies regularly to keep pace with any changes in legislation or cultural awareness around sensitive issues.
Why these steps matter
For employers, understanding harassment in its broadest sense not only supports compliance but also creates a more inclusive, positive work environment. Employees who feel safe and respected are more productive, engaged, and loyal to their organisation. By being mindful of the language and behaviours that may seem harmless but can impact colleagues, employers can help create an atmosphere of mutual respect.
The baldness ruling may seem unusual at first glance, but it underscores that harassment often stems from a power imbalance or an environment where employees feel unable to voice discomfort. By addressing these concerns proactively, employers are better equipped to prevent workplace harassment before it arises.
Embracing a culture of respect
The recent updates to UK legislation and rulings like the baldness case reflect a shift toward more inclusive workplaces, where all employees can feel secure. Employers who engage with these changes can set the tone for a respectful workplace and reinforce a culture where everyone feels they belong.
