• Friday, April 19, 2024

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Sikh man handed £7,000 compensation in religious discrimination case

The Sikh Federation said its community had been recognised as an ethnic group in the UK since 1983 and expressed its “disbelief” that it would not be identified as such on the census (Photo: Chip Somodevilla/Getty Images).

By: Keerthi Mohan

A Sikh man who was denied work at a five-star hotel due to its ‘no beard’ policy has been handed £7,000 as compensation in a religious discrimination case, it was reported on Wednesday (4).

Raman Sethi, a New Zealander, was told by employment agency Elements Personnel Services Ltd in London, that it could not offer him work with five-star clients due to their grooming policies, an employment tribunal heard.

The agency told the 34-year-old that it was not worth his while being on their books as they would not be able to provide him shifts with clients including The Connaught, Claridge’s and The Dorchester as his faith required that he not shave his beard.

They told him in an email: “It would not be worth your while to work with Elements as there wouldn’t be enough shifts to give you. As mentioned on the phone, as we are working with five-star hotels, the hotel managers unfortunately won’t allow having facial hair due to health and safety/hygiene reasons.

“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.”

Employment Judge Stout ruled that the agency’s “no beards” policy was discriminatory and it put Sikhs “at a particular disadvantage”.

She found that the hotels had not been asked if they would make an exception on religious grounds and awarded Sethi £7,102.17 compensation, including £5,000 for “injury to feelings”.

Sethi said he’ll give the money to charity.

Speaking after the ruling, Sethi’s barrister, Mukhtiar Singh, said: “The case is important because it shows that a no-beard policy will be subject to close scrutiny by the tribunals and courts in order to be satisfied that there is a legitimate aim and if so whether the policy is a proportionate means to achieve that aim.

“When courts have considered no-beard polices before, the cases have tended not to support Sikhs, but in my view this decision demonstrates a wider awareness of the importance of uncut hair to many Sikhs.

“Employers will need to explore making exceptions – for example, wearing a net if handling food. Sikhs should feel empowered to challenge no-beard policies.”

 

 

 

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