View Full Version : Discrimination at work for long hair
Hellbilly 11-08-2005, 16:15 Is discrimination against long hair right in the workplace for men?
Today I was pulled up in work by the manager about the length of my hair not being to his liking. Being a born and bred Rocker I’ve always had my hair long and I’ve been working for this company for well over 8 years. It even went as far as me being threatened (with suspension without pay) last year if I didn’t get it cut immediately.:loopy:
Work mates don’t seem to have a problem with it just management…What is their f**kin’ problem after all it’s only just longer then shoulder length…it really winds me. :rant:
banesmabes 11-08-2005, 16:19 It's a tricky one this, because many companies allow long hair for women but not for men. Usually they explain it away as women can still look 'professional' with long hair, but men can't.
But it does reek of double standards and sexism. It's a bit similar to dress codes that demand men wear ties, whereas women can get away with what are effectively t-shirts. I believe this was recently challenged successfully by a man working for the Job Centre (I may be wrong though). So you might have an argument as far as cutting your hair is concerned - if they are demanding that men have short hair, then they need to demand the same of women as well!
What job do you do? Some jobs do require male/females to tie their hair back.
Do you tie your hair back? Would it make him happier if you did?
I really can't see (unless it is a job that sensibly requires hair to be tied up out of the way) how he can suspend you?
Get in touch with your HR dept and ask them what the guidelines are or get CAB to advise you about legal positions. Then if it is a case of them being nasty you can walk off halppily knowing they can do bugger all. Sounds like a bully type who is all threats but has he got a legal leg to stand on?
Internetowl 11-08-2005, 16:23 The chap from the Employment service took his employer to court on grounds of sexual discimination and won...
I'm sure if you google it you'll find it...
Internetowl 11-08-2005, 16:26 There were several tribunal cases in 2003 in which men claimed that it was unlawful sex discrimination for them to be required to wear a tie at work. Some cases went one way, some the other. In one of these cases (Thompson v Department for Work & Pensions - Job Centre Plus) which recently came before it, the EAT clarified the relevant law while still leaving each case to be decided on its own merits. The employer won in the sense that the EAT remitted the case back to a different tribunal for reconsideration in light of its clarification of the law, the original tribunal having used a wrong test when it found that the DWP's requirement that Mr Thompson should wear a collar and tie at work was unlawful sex discrimination.
:thumbsup:
banesmabes 11-08-2005, 16:27 It also depends what your contract of employment says. If there is a dress code specified within it, or it makes reference to a dress code being part of your terms and conditions (although the code is written elsewhere), then they could try and enforce it via that route - and any infringement of the code can been treated as misconduct and taken down the disciplinary route. However this still doesn't mean that they can put whatever they like in a dress code - it still has to be fair to all and not discriminate.
The safety implications is also a very valid comment. But as already said, if you tie it back and it is safe then they really can't demand that you cut it.
These would be my tips:
1. Make sure you're dressed to the requirements of your position as stated in your contract.
2. Keep your hair clean and tied back.
3. Make sure you're above reproach in other aspects of your work.
Beyond that you're going to have to consider getting a mediator or just confronting your manager on the issue and pointing out to him that there's really no way he can demand that you cut your hair...this is the 21st century for god's sake!
northernboy 11-08-2005, 17:56 We've been given a frankly ridiculous booklet on dress and appearance etc that states "beards and moustaches should only be grown in your own time"
They fail to explain how this is possible...
Internetowl 11-08-2005, 17:59 hope that beard's not growing in company time - ffs :)
is that for women too?
maybe the lad with the hair should burka up - they couldn't touch him then :)
If you work with machinery then it seems sensible that you should have to at least tie it back.
If you work in catering then same applies.
Otherwise I don't see that it matters really so long as it is clean.
beansforyou 11-08-2005, 18:30 Tell them it's your ' Religion'
they'll run a mile
If there are no health & safety grounds (moving machinery, hair which interferes with, for example, safety headgear) then it's a grey area. A quick googling brings up a document which goes both ways...
On the downside...
"... The Court of Appeal, in a case involving a male employee who refused to cut his long hair, upheld the employer's right to insist that men had short hair, whilst allowing women to have long hair. This was because women were not allowed to have unconventional hairstyles either. Presumably it would also have been permissible for the employer to prohibit a woman from adopting an unconventional hairstyle that might be considered acceptable for a man, such as excessively short hair."
On the upside...
"Under Article 10 of the European Convention on Human Rights, which is now part of UK law, everyone has the right to freedom of expression and to be able to hold opinions and impart information without interference from authorities, and it could be argued that a dress code infringes on that freedom..."
from here (http://www.osborneclarke.com/publications/text/dresscode.htm)
There seem to be a couple of cases (Sainsbury & Job Centre) where the court of appeal has upheld the employers right to treat hair length differently with men & women. The Sainsburys one (1996) included a deli counter, so there was a H & S issue, but according to here (http://leisure.scotsman.com/foodanddrink/headlines_specific.cfm?articleid=6828)...
"...it’s not enough to show you’re being treated differently from your colleague of another gender, and unless you can prove you’re being treated less favourably, you may not have a case."
If you're in an office & they're getting you to cut your hair where women are allowed to have long hair, then you are being treated less favourably as long as your hair is neat, surely? This would also fit in with the first quote, depending on your/their definition of an "unconventional hairstyle"
Oooh, actually, news just in!!
Check this out (http://www.swarb.co.uk/lisc/Discrimination.shtml) there was a case brought under the Sex Discrimination Act 1975 where...
"...A male employee had been unlawfully discriminated against when he had been dismissed for having long hair, where the same requirements would not have been made of female employees..."
And the employee won! (big document, wait for it all to load & search for "long hair")
As law in these cases tends to revolve around past occurences & their outcomes, if you can bring this to their attention they may shut up. You may also make yourself look like a trouble maker, I suppose it depends how much they've annoyed you...
**edit - In case you haven't guessed, stuff like this bugs me! :D
Sorry, but if your hair is more important than your job, then I think you should find a job to suit your hair. If I was an employer then appearance, dependent upon the nature of the work and contact with the public, would be a consideration in selecting an employee.
I have long hair, never had a problem with employment yet, but to be honest it is not that important to me. If I was asked by an employer to cut it though, I would tell them to stick their job on principle, because I don't want to work for a company with such a backward attitude lol
I think it is very much down to the type of work you do, and the type of "image" the company portrays. In general, not just in respect of long hair, but piercings, bright coloured hair, clothing style etc, what is appropriate for one particular type of job and company, may not be appropriate for another. I am not saying that it is wrong to have long hair - I am suggesting that sometimes choice has to be made as to which is more important. I would have to make a choice if I wished to have brightly coloured hair and piercings because my job would not allow it.
Hellbilly 12-08-2005, 05:07 The job I work in is Security (looking after the students) so most employees have short crew cut styled hair and their opinion is that I should follow suit. It’s been a constant battle over the years, on which I’ve had to give in and get it cut. But now I’ve decided to make a stand and say enough is enough.
I’m always smartly dressed with clean tied back hair, and have never had a complaint made so far about the standard of my work. But still the harassment continues.
Like someone said I’m now having to look for another job even though generally I enjoy working where I am.
it is potentially a H&S issue, similar to wearing clip on ties for police & security guards.
your hair could be used to pull/drag you in an affray.
i think it's a bit unlikely it would ever happen,but that can be their only defence in this case.
(fewer than 1 in 20 people win any type of discrimination/employment case against a security firm)
Hellraiser, like I say I'm not against long hair, but with regards employment, you carry out a similar task to police officers, should the occasion arise - have you ever seen a police officer or fireman with their hair tied back in a pony tail?
I appreciate that you like wearing your hair long, but I do tend to agree with your employers (please don't take this personally).
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