An NHS healthcare assistant has been awarded £1,425 in compensation after an employment tribunal ruled that she was subjected to harassment by a colleague who repeatedly called her 'auntie'. The tribunal found that the comments amounted to age and sex harassment, despite the colleague's defence that the term was culturally respectful.
Details of the Harassment Case
Ilda Esteves, 61, worked as a healthcare assistant at the West London NHS Trust, specialising in Women’s Forensic Services, starting in September 2022. She testified that her colleague, Charles Oppong, a nurse based at St Bernard's Hospital in London, called her 'auntie' on multiple occasions, even after she requested he use her name instead.
Ms Esteves also highlighted two instances where Mr Oppong commented that she would be a "good match" for an older colleague named George. In a formal complaint email from September 2023, she wrote: "A staff member called me auntie multiple times despite telling him to call me by my name. He said you want to be young then! He also commented on my lipstick and said I would be a good match for a member of staff named George."
Tribunal Findings and Judgement
Employment Judge George Alliott presided over the case and found Mr Oppong's evidence to be "poor". The judge noted that Mr Oppong was "reluctant to acknowledge that there was a George working on his ward, he claimed not to know George’s age and would not give an estimate, he did not remember how many shifts he may have worked with [Ms Esteves]... We found him evasive and vague."
The tribunal concluded that Mr Oppong probably did refer to Ms Esteves as 'auntie' on several occasions and made the comment about her being a match for an older colleague. Judge Alliott stated: "We find that Charles Oppong, as a staff nurse responsible for leading the teams, should not have made such comments. We find that Charles Oppong’s purpose was probably an offensive attempt at humour. We find that [Ms Esteves] did perceive it as creating an offensive environment."
The judge added that the comments, made in office, corridor, and handover settings, had the effect of creating an offensive environment, and it was reasonable for them to have that impact. Consequently, Ms Esteves's claim of harassment on the grounds of age and sex was successful.
Cultural Context and Legal Implications
Mr Oppong defended his actions by explaining that 'auntie' is a term of respect for older women in Ghanaian culture, as he has Ghanaian heritage. However, Judge Alliott acknowledged this cultural aspect but ruled that since Ms Esteves found it offensive and had explicitly asked him to stop, it constituted harassment.
The judge remarked: "'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." This highlights the importance of workplace conduct aligning with individual preferences, regardless of cultural intentions.
Ms Esteves's other claims, including discrimination, victimisation, and unlawful deduction of wages, were unsuccessful in the tribunal. The case underscores the NHS's responsibilities in addressing harassment and maintaining a respectful work environment for all staff members.
