“Auntie” comment leads to harassment finding

An employment tribunal has upheld a harassment claim after an NHS worker was repeatedly referred to as “Auntie” by a colleague, alongside comments suggesting she would be a “good match” for an older male colleague. The tribunal found that the behaviour amounted to harassment related to age and sex.

The case focused on a series of comments made over a period of several months. The employee had made it clear she did not wish to be referred to as “Auntie” and had asked to be called by her name. Despite this, the term continued to be used, along with additional remarks about her appearance and suitability for a colleague.

While the individual who made the comments suggested the term was intended as respectful and culturally appropriate, the tribunal preferred the employee’s account and found that the behaviour had occurred on multiple occasions.

Importantly, the tribunal concluded that the comments were both unwanted and linked to protected characteristics. The use of “Auntie” was found to relate to age, while the suggestion of a “match” was linked to sex. The panel also rejected the suggestion that the comments were harmless or light-hearted, describing them instead as an attempt at humour that crossed the line.

A key factor in the decision was the impact on the employee. The tribunal accepted that the comments created an offensive working environment and that it was reasonable for them to have that effect. On that basis, the harassment claim succeeded, with compensation awarded.

For employers, this case is a useful reminder that workplace language even was intended informally or without malice can still give rise to legal risk. The test in harassment claims is not just about intent, but about the effect of the conduct and whether it relates to a protected characteristic.

It also highlights the importance of acting when concerns are raised. The fact that the employee had indicated she did not welcome the term was a significant factor. Once boundaries are made clear, continuing the behaviour is far more likely to be viewed as unreasonable.

From a practical perspective, employers should ensure that standards of behaviour are clearly understood and consistently applied. What may be considered “banter” by one individual can be experienced very differently by another.

Clear policies, regular training and a willingness to address issues early will help reduce the risk of situations escalating into formal complaints. If you have any concerns about this subject contact us at enquiries@121hrsolutions.co.uk and we can discuss.

“Auntie” comment leads to harassment finding

121 HR Solutions Ltd