This constructive dismissal claim against a fashion retailer was unsuccessful, but it does reveal some of the difficulties that can arise when employers in this sector require their staff to project a particular image.
In Usdaw v Ethel Austin Ltd (in administration); Usdaw and another v Unite the Union and others  IRLR 686 EAT, the EAT held that s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992 must be read so that the requirement for collective redundancy consultation is not limited to individual establishments where it is proposed to make 20 or more redundancies within 90 days.
In Eweida and others v United Kingdom  IRLR 231 ECHR, the European Court of Human Rights held that, in failing to protect a Christian employee's desire to manifest her religion by wearing a visible cross at work, the UK breached the positive obligation under art.9 of the European Convention on Human Rights to secure her right to freedom of expression.
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