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   Web Issue 3319 December 1 2008   
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Bald Scots teacher loses disability claim

A retired schoolteacher claims he was a victim of disability discrimination because he is bald.

James Campbell, formerly an art teacher at Denny High School in Stirlingshire, has taken Falkirk Council to an employment tribunal claiming disability discrimination.

He told the Glasgow tribunal he had suffered from harassment as a result of his 'disability', which impacted on his day-to-day activities.

Mr Campbell, who is also claiming constructive and unfair dismissal against the council, said pupils at the school perceived baldness as signifying something being wrong with him and as being a weakness.

He pointed out that he was perceived as different, and different from the pupils in particular as none of them were bald.

"My baldness has had a substantial and long term adverse effect on my ability to do my job.

"How can I stand in front of a class with confidence to get on with my job when I am getting teased and bullied about baldness, when I think they are laughing at me all the time."

Much of a teacher's role depended upon having confidence and every time he was shouted at or picked upon by being labelled bald, he felt hurt. Mr Campbell also said he could not do his job properly because of this. He avoided corridors in the school or being in particular places he might meet pupils to avoid them shouting "baldy" at himm he told the tribunal.

I had them coming up to my face and calling me ‘baldy’.
James Campbell

"I left school later at night after the bell went to avoid the kids. That was when I got all the bullying and teasing.

"I had them coming up to my face and calling me baldy'." He further told the tribunal that if pupils were prepared to call him "baldy" to his face, they might well assault him.

He was therefore in fear and worried as to his safety. This was due to his baldness.

Mr Campbell, 61, who lives in Stirlingshire, told the tribunal that whilst baldness might seem trivial or unimportant to some, the effect it had on him was severe.

Since he left school, he had been able to put the issue of his baldness and any teasing out of his mind, although occasionally if he was driving and stopped at traffic lights pupils would shout at him using the term "baldy".

Falkirk Council argued that baldness was not a physical or mental impairment and was therefore not covered by the Disability Discrimination Act (DDA).

His fear or concern arose due to the reaction of some others to his baldness. No depression or other medical condition was said to exist as a result of baldness or its impact on him.

Tribunal judge Robert Gall rejected Mr Campbell's disability discrimination claim. Mr Gall said "I am of the view that baldness is not an impairment. It seems to me to take the definition of impairment too far if baldness of itself is to be regarded as being an impairment. It is an aspect of physical appearance, in effect, when unrelated to any other illness.

"If baldness was to be regarded as an impairment then perhaps a physical feature such as a big nose, big ears or being smaller than average height might of themselves be regarded as an impairment under the DDA.

"That, to me, cannot be right looking to the DDA, the guidance and relevant case law."

In his written judgment, Mr Gall added: "Taking it as accurate that the claimant was subjected to teasing or taunting and name calling due to baldness, it seems to me that behaviour of others does not mean that baldness is an impairment in the absence of any resultant condition which might be considered as an impairment, such as depression."

Mr Campbell's constructive and unfair dismissal claim against the council will go ahead at a later date.


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