Search

How can we help?

Icon

Blanket ban on facial hair deemed discriminatory

In Sethi v Elements Personnel Services, a Sikh man won his claim for religious discrimination against a recruitment agency who denied him work on account of his facial hair.

The Claimant adhered to Kesh, a practice which requires the person not to cut any body hair. He applied to an agency which specialised in providing workers for 5-star hotels, particularly in front-of-house food and beverage roles, and its dress code required male workers to be clean shaven.

The Claimant informed the agency he would not be able to shave his beard for religious reasons, and they responded that they could not offer him work as a result due to their client’s requirements for a clean-shaven appearance.

The tribunal found that the “no-beards” policy was a clear PCP that placed the Claimant at a significant disadvantage but accepted that the requirement for a smart appearance was a “legitimate aim”.

A Sikh man won his claim for religious discrimination against a recruitment agency who denied him work on account of his facial hair.

However, the tribunal was critical of the agency for not asking its clients whether they would make an exception for a Sikh worker unable to shave for religious reasons and held the blanket ban on facial hair was disproportionate.

The case is a reminder that whilst a dress code for client-facing roles is acceptable, employers must be careful that it does not disproportionately affect a particular group.

About this article

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

About this article

Read, listen and watch our latest insights

Pub
  • 19 May 2025
  • Corporate and M&A

Thinking of exiting your business? Part 2

In the second instalment of our three-part series, join Stuart Mullins from Clarkslegal and Nicky Goringe Larkin from Succession Planning as they discuss the complexities surrounding business financing, accounting practices, and valuation strategies, along with key insights into private equity.

Pub
  • 16 May 2025
  • Employment

London Seminar – Understanding the Employment Rights Bill: Legal changes and what they mean for HR

We are pleased to invite you to an in-person seminar at our London office on Tuesday 24th June, hosted by our Employment Law team. Join Monica Atwal, Managing Partner; Katie Glendinning, Partner; and Amanda Glover, Associate, as they unpack the legal implications of the new Employment Rights Bill and what it means for your organisation.

Pub
  • 16 May 2025
  • Employment

Reading Seminar – Understanding the Employment Rights Bill: Legal changes and what they mean for HR

We are pleased to invite you to an in-person seminar at our Reading office Tuesday 17th June hosted by our Employment Law team. Join Monica Atwal, Managing Partner, Katie Glendinning, Partner and Amanda Glover, Associate, will unpack the legal implications of the new Employment Rights Bill and what it means for your organisation.

art
  • 15 May 2025
  • Immigration

The 2025 Immigration White Paper: A Turning Point in UK Immigration Policy

On 12 May 2025, the UK Government unveiled its White Paper titled “Restoring Control Over the Immigration System”, outlining the most substantial proposed changes to immigration law since the post-Brexit overhaul.

Pub
  • 15 May 2025
  • Employment

TUPE Podcast Series – Information and Consultation Obligations

In this ninth episode of our TUPE Podcast Series, Katie Glendinning, a Partner in the employment team, will examine the information and consultation obligations under TUPE.

art
  • 15 May 2025
  • Privacy and Data Protection

Ashley v HMRC – The High Court clarifies the scope of Data Subject Access Requests

DSARs are very rarely the subject of litigation, and they are even rarer in the High Court, so the case of Ashley v HMRC is a valuable decision for both data subjects and data controllers.