An Indian-origin healthcare worker in the UK has won a harassment case after being repeatedly called “auntie” by a colleague, with a tribunal ruling that the term created an offensive environment despite its cultural context. Reported by NDTV.
According to NDTV..The case was heard in London, where Ilda Esteves, employed with the National Health Service, filed a complaint against staff nurse Charles Oppong.
Watford Employment Tribunal Judge George Alliott ruled in her favour, stating that she had been harassed on the grounds of age and sex. The tribunal directed the West London NHS Trust to pay £1,425.15 in damages for “injury to feelings.”
A three-judge panel, which reviewed the case last year and issued detailed findings recently, acknowledged that the term “auntie” is considered respectful in Ghanaian culture. However, it concluded that its repeated use in this context was inappropriate.
"We find that Charles Oppong's purpose was probably an offensive attempt at humour," notes the judgment.
The tribunal further stated that the comments, made in various workplace settings including the office, corridor, and during handovers, contributed to an offensive environment.
"We find that the claimant did perceive it as creating an offensive environment. We find that the circumstances of the comments being made in the office and in the corridor and at handover were such that it had the effect of creating an offensive environment.
We find that it was reasonable for the comments to have that effect. Consequently, the claimant's claim of harassment on this ground succeeds," it reads.
Esteves, 61, testified that the term was used multiple times despite her request to be addressed by her first name. She also mentioned that remarks suggesting she would be a good match for an older colleague named George were made on two occasions.
The tribunal took into account the cultural background of the term but emphasised that its use against her wishes made it inappropriate.
"We have taken into account that 'Auntie' is, in fact, a term of respect in Ghanaian culture (since the harasser had Ghanaian heritage) but, nevertheless, since it was against her wishes it would have been offensive to her," the judgement concludes.
The incidents occurred over a short period between June and September 2023. Esteves’ request for anonymity during the proceedings was denied, with the tribunal stating that public interest outweighed her request.
Her additional claims of harassment based on race, discrimination, victimisation, and unauthorised wage deductions were dismissed.
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