A Sikh job hunter who was denied work at Claridge's because of a strict "no beards" policy has won £7,000 in compensation. Elements Personnel Services Ltd refused to offer work to Raman Sethi, who has a beard, due to “grooming” standards from its five-star clients, an employment tribunal heard.
The agency had in the past received complaints from the hotels, including an email from Claridge's in April 2018, which read: "No pony tails, no facial hair...please ensure none of that here at Claridge's," said Judge Holly Stout.
But Judge Stout found that the hotels had not been consulted by the agency over whether they would make an exception on religious grounds and awarded him £7,102.17 compensation, including £5,000 for "injury to feelings".
The agency specialises in providing staff for London's five-star hotels including The Connaught, Claridge's and The Dorchester.
Mr Sethi, who is orignally from New Zealand, had attended a recruitment event run by Elements in November 2017 and was signed up, but was later told that they couldn't keep him on their books.
An email from Elements to Mr Sethi said that there “wouldn’t be enough shifts to give you” as hotel managers “won’t allow having facial hair due to health and safety/hygiene reasons”.
The email added: "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."
Mr Sethi, who follows the Sikh practise of not cutting his hair, said he was "deeply hurt" and took Elements to the tribunal.
In evidence, a member of the agency's management team argued that the requirements of their five-star customers were "entirely outside of our control" and that clients would send staff home instructing them to shave or they will not be given further shifts.
The judge was shown complaints relating to grooming as well as The Dorchester’s policy for “Male Service Staff - Face: Clean shaven, no moustaches and beards or facial hair allowed".
Judge Stout accepted that the agency had felt pressure to apply a "no beards" policy but ruled that it was discriminatory.
She said: "The agency has not produced any evidence of their clients being asked about whether they would accept a Sikh working for them who could not shave for religious reasons.”
"The possibility of clients making an exception to their policy for Sikhs for religious reasons had not, on the evidence before us, been explored."
Judge Stout added that Elements’ policy "places Sikhs generally, and it placed Mr Sethi himself, at a particular disadvantage because it is a fundamental tenet of the Sikh faith, to which Mr Sethi adheres, for a male to have an uncut beard."
After being turned down by Elements, Mr Sethi has found shifts working at the five-star Savoy through another agency.
Speaking after the ruling, Mr Sethi's barrister, Mukhtiar Singh, said,
"He was deeply hurt by the decision not to recruit him and, like many Sikhs, felt duty bound to fight for justice. The case is important because it shows that a no-beard policy will be subject to close scrutiny by the tribunals and courts.”
Mr Singh added that he was donating his fee for the case to the aid group, Khalsa Aid.
