The Labour Court found that a dispute over a night porter’s earring led to gender discrimination and constructive dismissal, and awarded him £400 for distress. The decision was signed on 8 January 1998.
The worker said he was dismissed for wearing an earring. The company said its dress code allowed conservative jewellery for male and female employees and that he left of his own accord. The Court found there was no discriminatory jewellery policy and that male employees were generally allowed to wear stud earrings. It said the dispute arose over the size of the worker’s earring, though the evidence on its size conflicted.
The Court concluded that discrimination had occurred and resulted in constructive dismissal. It also found that the worker contributed to his dismissal by not temporarily removing the stud so the issue could be resolved calmly. The Court awarded £400 nominal compensation for the distress caused.