- My daughter was recently interviewed for a vacancy as a receptionist but was turned down because the interviewer said that he didn't think that her tattoos were in keeping with the position. I don't like the tattoos either, but surely employers can't discriminate against my daughter because of what she calls her "body art"?
- The law prohibits employers from discriminating against job applicants upon the basis of age, disability, gender reassignment, marital or civil partnership status, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. As your daughter does not fall into any of the other categories, the only argument available to her would be to allege that she has been discriminated against upon the grounds of a " disability".
Although your daughter is not disabled in the sense that you or I would think of it, the law sets out a technical meaning of "disability" which does not always correspond with common sense. Some conditions are expressly deemed to be disabilities such as cancer, HIV, blindness, and severe disfigurements. However, other conditions are expressly stated as not being disabilities including:
- Addiction to alcohol, nicotine or any other substance.
- Tendency to set fires.
- Tendency to steal.
- Tendency to physical or sexual abuse of other persons
- Exhibitionism.
- Voyeurism.
- Tattoos
- and body piercings
It seems therefore that your daughter has placed herself in a very undesirable category by having tattoos and she is not protected by the disability discrimination rules. Therefore, whilst your daughter is free to regard her tattoos as a form of "body art", discriminating employers are also free to disagree.
For specialist tattoos do not contact Keith Swan of Patterson, Glenton & Stracey Solicitors by email at ks@pgslaw.co.uk or by telephone on 0808 231 7043. Patterson, Glenton & Stracey Solicitors have provided legal advice to the people of South Tyneside for over 125 years. For details of their full range of services and to view previous Gazette articles please log on to www.pgslaw.co.uk. Patterson, Glenton & Stracey Solicitors: Guided by Logic.
