The Chapman family has moved home three times in three years in
the Newcastle area because of abuse directed at its six red-haired
members. Kevin Chapman told reporters that his 11-year-old son even
attempted suicide after becoming depressed following years of
abuse.
The story has led to speculation about whether insults over red
hair could have the same legal status as insults regarding a
person's race or gender.
Catherine Barker, an employment law specialist at Pinsent
Masons, the law firm behind OUT-LAW.COM, said that though abuse
related to hair colour was not afforded special status, it could
still be the basis of a legal dispute.
"In the UK anti-discrimination legislation prohibits only less
favourable treatment on certain grounds – currently sex, race,
disability, sexual orientation, religion or belief and, in
employment, age," said Barker. "Less favourable treatment on the
grounds of hair colour or appearance, except where it is linked to
race, isn't specifically prohibited and name calling of someone
with red hair won't amount to unlawful discrimination."
"It could however amount to bullying," she said. "In the
workplace, if an employee feels that they are being bullied or
harassed for any reason, for example because of their hair colour
or appearance, they could lodge a grievance and ultimately could
even take the fairly drastic step of resigning and claim
constructive dismissal if they could show that their employer
failed to intervene to prevent the bullying or harassment
concerned."
The practice of picking on people with red hair is thought to be
a particularly British trait. Though it can sound trivial to
others, years of abuse at school and then also at work can leave
the bullied person feeling extremely distressed.
Employers do have a duty of care towards employees, and the law
says that they should make sure that their workplaces are places
where they are not subjected to harassment.
"A much better way [to deal with the problem] is for employers
to ensure that the workplace culture is one of respect and equality
so that bullying or harassment of any description, on any grounds,
is simply not tolerated," said Barker.
"Employees and co-workers also have a responsibility to ensure
that bullying of any description, even if on a minor scale, is
stamped out. Telling a work colleague that their teasing of a
colleague just isn't funny can go a long way to preventing harm
being done in the first place," she said.
