Construction firm prevents workers having beards

Employees received a letter from Mears that banned beards on the basis that they interfered with employees' ability to “wear appropriate dust masks effectively”. Staff were told that they were to be clean shaven to ensure that tight-fitting masks, necessary in dusty environments, were effective.

Mears did, however, stipulate exceptions to the rule, which included workers that were unable to shave for medical or religious reasons. Such workers, however, would require a medical certificate or a letter from their place of worship for this to be recognised. Mears made it clear that a goatee “may be acceptable so long as it does not hinder the correct fitting of said dust masks”. Unite criticised the move, saying “this is a highly delicate issue, which has huge cultural, religious and personal issues and where sensitivity should be the watchword”.

Julie Sabba, an Associate at Lindsays Employment team, considers whether such a move falls foul of discrimination laws.

“Essentially, a requirement of this type, could potentially disproportionately impact on a group of individuals with a shared protected characteristic (for instance, Muslims) and would therefore constitute indirect discrimination under the Equality Act 2010.

“Yet, it can be justified by the employer if it can be established that it is a proportionate means of achieving a legitimate aim. Health and safety considerations are likely to constitute a legitimate aim.

“Furthermore, the fact that certain exceptions were also outlined, including leniency for those who had beards for religious reasons, is likely to make the employer's rule difficult to challenge.”