A Muslim woman who wore a headscarf and was turned down for a job as a trainee hairdresser has been awarded £4000 for injury to feelings on grounds of indirect religious discrimination.
Reading the summary of the case, it appears that the salon owner may have been unlucky to have lost the case. Discrimination is justifiable in law if the discriminatory measure can be held to be objectively justifiable.
In a hairdressing salon it is not unreasonable, in theory, to suggest that a client may wish to see the stylist’s own hair before allowing them to cut or colour their hair.
In this case, the employment tribunal made clear that “There was no specific evidence before it as to what would (for sure) have been the actual impact of the claimant working …….. with her head covered at all times” In other words, the employer appeared to have failed to provide the tribunal with evidence that the prospective employee would not be able to attract a clientele as a result of wearing a headscarf.
This is an important reminder to both hairdressers and other employers of the need to ensure that any dress code or requirements are not only non-discriminatory per-se but can also be justified in respect of an individual’s performance in the business.
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