Claridge's denied work to a Sikh male on the basis their recruitment policy. He has subsequently won £7,000 in compensation.
Mr Raman Sethi, who has a beard, was prevented from joining the hotel on the basis of his appearance and subsequently took them to an employment tribunal.
Managers at Elements Personnel Services Ltd refused to offer work to Mr Sethi due to the "grooming" standards adopted by their "five-star clients". In an email from Claridge's to the firm, in April 2018, the text read, "No pony tails, no facial hair...please ensure none of that here at Claridge's."
Presiding judge Stout found that Claridge's had not been consulted by the agency over whether they would make an exception on religious grounds. Consequently she awarded him £7,102.17 compensation which included £5,000 for "injury to feelings".
Mr Sethi, 34, originally from New Zealand, had attended a recruitment event run by Elements in November 2017. He was signed up by the firm but latterly told that they couldn't keep him on their books.
By way of an explanation Elements informed Mr Sethi by email that there, "wouldn't be enough shifts to give you" as hotel managers "won't allow having facial hair due to health and safety / hygiene reasons".
Further text read, "I know it's part of your religion, and we have tried to accommodate to allow you to get started with us, but unfortunately no facial hair is a part of the five-star standards." Mr Sethi, who follows the Sikh practise of not cutting his hair, commented that he was "deeply hurt". By contrast Elements argued that their clients requirements were, "entirely outside of our control".
Judge Stout accepted that the agency, Elements, had felt pressure to apply a "no beards" policy as part of its recruiting policy, but ruled that it was discriminatory.
She commented, "The agency has not produced any evidence of their clients being asked about whether they would accept a Sikh working for them who could not shave for religious reasons. The possibility of clients making an exception to their policy for Sikhs for religious reasons had not, on the evidence before us, been explored."
If you require legal advice please do not hesitate to contact us.
The Johnson Partnership
Derby Crime Solicitors
01332 370 473