Calling women ‘Bird’ is harassment

Of course, this headline is slightly misleading.

We all should recognise and accept that colloquialisms such as ‘Bird’, ‘Pet’ or ‘Duck’ are common and widespread and in most cases completely harmless.

However, in a recent court case, this concept was challenged and when viewed in context, courts agreed that these terms could be seen as discriminatory.

The definition of harassment is to make someone feel uncomfortable, humiliated, intimidated or offended.

Generally speaking, us saying something in jest that misses the mark shouldn’t automatically be classed as harassment. It is when the behaviour is intentional, malicious or continuous despite being told to stop, that things take a darker turn.

In the case of Chung v Whisky 1901, an investment firm, Ms Chung was awarded £51,000 in compensation, after complaining about derogatory language used by her colleagues.

The courts found in favour of the claimant because the term ‘Bird’ was used as part of a wider pattern of attitude and behaviour, creating a hostile environment for Ms Chung.

Associated actions included comments and intrusive questions about her relationships and family planning, and horseplay such as locking her out of the office.

Ms Chung did not enjoy the so-called ‘banter’ and did not reciprocate – therefore setting her boundaries, which made the behaviour unacceptable and an example of harassment.

Learnings for employers:

• We already prompted you to consider sexual harassment awareness training – the legislator put honours on the employer to educate their staff on the avoidance of harassment in the workplace.

• Challenge banter and boundaries and be the guardian of victims who don’t feel that they have a voice. New team members in particular may not feel that they have the right to challenge the status quo, so will need support.

• Act on complaint. Immediately! It is vitally important to take any complaints seriously and investigate and document them accordingly. Please don’t think that grievances will ‘blow over’!

• Review and/or implement your policies and make sure they are living documents that have been read and understood by your workforce.