Mr M Singh (counsel, direct access) For the v No appearance or — 2019

The Claimant is a practising Sikh who adheres to Kesh and does not cut his beard. The Respondent, a hospitality staffing agency, required agency workers to comply with a Code of Conduct stating that no beards or goatees were allowed. After the Claimant explained that he could not shave for religious reasons, the Tribunal found that the Respondent did not offer him employment within s 39(1)(c) Equality Act 2010.

The Tribunal found that the 'no beards' requirement was a provision, criterion or practice applied to all agency workers, and that it placed Sikhs generally and the Claimant specifically at a particular disadvantage. It accepted that maintaining hygiene, maintaining high appearance standards, and complying with client requirements could in principle be legitimate aims, but found the Respondent had not justified a policy with no exception for Sikhs who could not shave for religious reasons.

The Tribunal held that the hygiene justification was not made out because the policy was framed as an appearance rule and there was no evidence that a beard net or similar approach was inadequate for the work sought. It also held that appearance and client-requirement aims could be met by less intrusive means, including requiring a tidy beard and considering client requirements case by case. Compensation was awarded for loss of earnings, injury to feelings, and interest.