The Muslim News - Legal Corner: Pretty girls have rights too

Issue 247, Friday 27 November 2009 - 10 Dhu al-Hijjah 1430

Legal Corner: Pretty girls have rights too

By Fatim Kurji

This month an employment tribunal in Birmingham heard the unfair (constructive) dismissal and sex discrimination claims of Amit Kala, a 22 year-old prison officer who was victimised by male colleagues for being attractive. Between July 2007 and May 2008 Kala was employed as a prison officer at Brisnford Prison near Wolverhampton. During that time she suffered harassment and discrimination from a male colleague, which she attributed to the fact that she was young and attractive and working in a traditionally male role.
Kala resigned and brought a claim for unfair dismissal against Her Majesty’s Prison Service (HMPS), stating that “all I ever did was try to uphold the HMPS purpose statement, which clearly states that their duty is to ‘look after prisoners with humanity’ and I sought to apply that in my work by treating prisoners with respect.”
The Tribunal found in Kala’s favour, accepting that she was seen as a weak woman, and somebody who could be bullied by her male colleague. It was also scathing in its condemnation of HMPS, who sought to defend the action by arguing that Kala’s appearance and dress was “inappropriate”.
This case should make employers think twice about how they handle workplace interactions, and cause them to be alert to their duties to employees and in particularly to preventing harassment, bullying and discrimination. Workplace banter can be dangerous territory, and employers should be particularly vigilant in traditionally gender specific jobs to ensure that whilst they as employers may not discriminate, that their employees also treat colleagues with respect and dignity.
Fatim Kurji, No 5 Chambers

Back to the front page

Editorial

Messages for
The Muslim News

AddFreeStats.com Free Web Stats in real-time !