
Calling Women ‘Birds’ is Sexual Harassment, Tribunal Rules
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An employment tribunal has ruled that calling women “birds” in the workplace is a form of sexual harassment, in a case that has drawn attention to the importance of addressing discriminatory language and behaviour in professional environments.
Background
Ms. Chung who worked at Whisky 1901 Ltd’s Knightsbridge office in London reported that her colleagues frequently used the derogatory term “birds” when speaking about women. The term, which is widely considered to be both outdated and disrespectful, was part of a broader pattern of inappropriate behaviour at the firm, where male colleagues boasted openly about their “sexual conquests.”
In addition to the offensive language, Ms Chung also described being subjected to personal and invasive questions regarding her pregnancy plans. She further recounted an incident where a colleague deliberately locked her out of the office, a clear act of bullying that added to the hostile work environment.
Ms Chung also faced misconduct allegations which were unfounded and was not afforded a fair disciplinary procedure.
Ruling
Employment Judge Pavel Klimov found that the actions and language used by Ms Chung’s colleagues created a hostile and degrading environment. The tribunal acknowledged that such conduct severely impacted her ability to perform her role, leading to her eventual resignation from the firm.
The tribunal also criticised Whisky 1901 for its failure to address her complaints appropriately, noting the absence of effective grievance and disciplinary processes. This failure to act was highlighted as a key factor in Ms Chung’s decision to leave the company, as it compounded her sense of isolation and lack of support.
Whisky 1901 Ltd, however, expressed their intention to appeal the tribunal’s decision. In a statement, the company reiterated its commitment to diversity, equity, and inclusion in the workplace, asserting that it takes allegations of harassment seriously and that it would seek to challenge the ruling.
Commentary
This case serves as a vital reminder that language and behaviour that may seem trivial to some can have profound effects on an individual’s sense of safety and dignity in the workplace. The ruling underscores the importance of maintaining a professional environment where respect for all employees is paramount and highlights the potential legal consequences when employers fail to address discriminatory actions.
The decision is also a significant reminder for businesses across the UK and beyond to review their workplace policies and practices; ensuring they are well equipped to handle complaints of harassment effectively. The case has sparked discussions about the importance of clear anti-harassment measures, proper staff training, and a culture of accountability to prevent similar incidents from occurring in the future.
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Magara law is an employment law firm in Bicester, Banbury, Reading and Paddington, London, and services clients nationwide. For more information or to our employment law team at Magara Law, call 01869 325 883 or email roy@magaralaw.co.uk.