Question

[splinterclaw]

If I went to an interview and was told "You would have to get a hair cut before we consider you for employment."
Would I have grounds for discrimination?

Comments

[probablyscotty]

Depends entirely on the post.

http://www.martindale.com/labor-employment-law/article_Withers-Bergman-LLP-Withers-LLP_945764.htm

http://www.bailii.org/uk/cases/UKEAT/2009/0234_09_2010.html is the actual tribunal document.

[nicky_cky]

Jez seriously considered going to work in a skirt when they were arguing about dress code. It's so blatantly unfair if men must have short hair and wear a suit and tie, but women merely have to dress 'appropriately'.

Maybe you could claim religious discrimination instead of sexual if they allow turbans?

[swiftblade]

Well, employers are allowed to discriminate except on certain grounds, gender being one of them. Your best bet is an argument that female employees are allowed long hair and therefore its gender discrimination.

[splinterclaw]

I've done some checking on the link that Scotty provided and this has come up in law before and there is a precedent. Employers are allowed to state that shorter hair may be a proviso of a dress code for men. The discrimination laws do not legislate "differences" in treatment between genders, only that unfair treatment has occurred.
I would have to challenge a 16 year old ruling with the case that having long hair is no detriment to the job.

[nicky_cky]

It's an odd one, because you CAN see that a bloke going to work in a skirt isn't appropriate, and could cause issues (especially if working with the public), whereas a woman in a skirt is fine. So gender differences do make sense sometimes. Although personally I'd rather women had to wear trousers to make it fair!

[starfish_slayer]

One of the local (male) bus drivers did indeed wear a skirt one hot summer, as the ladies uniform skirts were cooler than the men's uniform trousers (and shorts were not then allowed within the dress code). He got funny looks, but the bus company had to put up with it, otherwise it'd be discrimination. :-)
Shorts are now allowed.