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The Legal Week.co.uk

OPINION: Clare Young - Ginger is the new ism

Posted by Legal Week Administrator on July 24, 2007 5:31 PM | 

FIRST it was sexism and racism, then ageism.

Now it seems a new ‘ism’ could be added to the list – gingerism.

Cheap jibes and insults, regardless of the grounds and the manner in which they were intended, could result in a more than a few hurt feelings.

Such behaviour could lead to successful claims for unfair dismissal or constructive dismissal which, if connected with existing unlawful discrimination, could become extremely expensive.

The case of the red-headed waitress who won £17,618 compensation after being taunted about the colour of her hair has highlighted the need for employers to be more considerate of their staff’s sensibilities.

Exeter Employment Tribunal heard that Sarah Primmer, 41, suffered "regular sexual harassment and innuendo" at the kebab shop where she worked which was "highly personal and demeaning" and closely linked to her hair colour.

The cafe’s night manager subjected her to inappropriate comments over a period of six months and even translated them into Turkish for the other staff.

She was dismissed from Rendezvous Cafe while she was off work because her employer did not accept a doctor’s sick note.

Ms Primmer won compensation for unfair dismissal and sexual harassment as well as notice, holiday and sick pay.

Of course gingerism does not yet feature on the official list of types of workplace discrimination and is unlikely to do so in the near future.

However, the lesson is that there is simply no place for such behaviour in the modern working environment.

In Ms Primmer's case, the tribunal made the compensation award against the managers who carried out the bullying as well as her employer.

This case is therefore a timely reminder that, where staff do not treat each other with common courtesy, employers and bullies could end up paying the price.

Clare Young is an employment specialist with DWF in Liverpool

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