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New case law yet again shines a spotlight on interpretations of the Equality Act and in particular Religious Discrimination, which employers need to take note of. Raman Sethi was denied work because of a recruitment agency’s policy against beards, and has been awarded £7000 after winning a religious discrimination case.
Elements Personnel Services refused to offer work to Sethi, who has a beard, due to client feedback about restrictions on facial hair.
As a practising Sikh, who wears a turban and adheres to Kesh, Sethi is required to leave body hair to grow, a belief that is commonly shared within the religion.
The policy in question stated that hair must be “neatly trimmed” and not fall lower than the top of the collar, with “no beards or goatees” allowed. It was because of this that Sethi was denied the opportunity to undertake work through the agency, with little to no consideration given to his reasons for having facial hair.
Sethi was contacted by Kymberly Davies of Elements, who explained that hotel and restaurant managers, clients of the agency, “won’t allow facial hair because of health and safety/hygiene reasons.”
The main factor determining the outcome was the lack of evidence provided by the agency, specifically if they had asked clients about whether religious reasons for not shaving would be acceptable.
The tribunal ordered Elements to provide £7,102 in compensation for indirect religious discrimination, comprising of £1,208 for loss of earnings and £5000 for injury to feelings.
Allison Peasgood, HR Director at OMS, commented on the case, stating “This case is an important reminder to agencies and employers that their blanket policies can cause significant problems if not properly constructed and applied and must be equality-proofed to avoid discriminating, even indirectly.”
Are you concerned about a policy, or looking to implement a new one into your business?
OMS can guide you through each step of the process, to ensure your policies and procedures are consistent with standards set, to reduce organisational problems.
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