Members Mr I Ashraf and Ms L Hutchison Mr Przemyslaw Deren v Professional Beauty Systems Ltd — 2022

The claimant, who was employed by Professional Beauty Systems Ltd from 6 July 2016 to 24 August 2021, brought a claim of indirect discrimination on grounds of religion and a claim for unauthorised deduction from wages. He later confirmed that the wages claim was no longer pursued, and that part of the case was withdrawn at the final hearing. The tribunal accepted that the claimant is of Polish origin and follows the Slavic religion, and that the respondent imposed a covid-related policy requiring face coverings, initially including visors and later masks and visors in certain areas of the workplace.

The tribunal found that the respondent had a PCP requiring employees to wear face coverings, but held that the claimant did not establish that the PCP was discriminatory in relation to religion or belief. It found no persuasive evidence that followers of the claimant's Slavic religion were placed at a particular disadvantage compared with non-followers, and it was not persuaded that the claimant's discomfort, claustrophobia, scepticism about face coverings, or opposition to government interference were beliefs derived from Slavic religion. The tribunal also recorded that the claimant had been exempted on health grounds from wearing a face covering in the treatment plant, with the remaining requirement limited to communal areas.

In the alternative, if it had been wrong about disadvantage, the tribunal held that the respondent's requirement for the claimant to wear a visor in communal areas was objectively justified. The respondent's aim was compliance with government guidelines to protect employees during the covid pandemic, which the tribunal accepted as a legitimate aim. It found the measure proportionate in the circumstances, particularly because the claimant worked mainly in the treatment plant and the remaining requirement affected him only on limited occasions during the working day. The judgment therefore dismissed the indirect religion or belief discrimination claim and recorded no award of compensation.