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 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.
The European Court of Human Rights has held that a Christian employee's right to freedom of thought, conscience and religion under art.9 of the European Convention on Human Rights was breached when the UK courts found that she was not discriminated against by British Airways' uniform policy, which prevented her from wearing visible items of jewellery at work.
The High Court has upheld a breach of contract claim against a housing trust that demoted a Christian manager who said on Facebook that holding civil partnership ceremonies in churches is "an equality too far".
A retailer with branches on Oxford Street and Piccadilly forced a Muslim employee who came to work wearing a headscarf to resign because it wanted to retain its "trendy" image, the employment tribunal in this case found.
The materials and information included in the XpertHR service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Use of the service is subject to our terms and conditions.