The laws on recruitment and discrimination.
You are recruiting for a sales manager, a customer-facing role and the applicant in front of you has a lip piercing, nose piercing and wrist/hand tattoos.
Whatever your personal viewpoint, this is something that employers and potential employers are having to face more frequently as it has become more socially acceptable for people to have visible piercings and tattoos and not consider that this may have an impact on their employability.
The key question here is, can you decide not to recruit someone solely on the basis of your dislike of their tattoos and piercings?
The simple answer is yes. If you do not think that the display of tattoos and piercings on an employee is suitable for your business brand or you think it will have an impact on your customer loyalty then you are entitled to make the decision that is best for your business.
People often believe that it is ‘illegal’ for a potential employer to cite this as a reason for rejecting a candidate or a ‘discriminatory practice.’
A claim for discrimination can only be asserted following alleged less favourable treatment on the grounds of a ‘protected characteristic’ (disability, race, religion & belief, age, gender reassignment, marriage & civil partnership, pregnancy & maternity, sex, sexual orientation).
On the flip-side of the above, some employers have adopted the attitude that employing people with tattoos and piercings has had a positive impact on their brand image as they are seen to be ‘in touch’ and an organisation that is forward-thinking, ‘funky’ and accepting of different types of people.
Others simply say that they want the best candidate for the role and therefore look past personal appearance to ensure they do not miss out on talent.
If you need advice on compliance with legislation, ensuring all paperwork, practices and procedures are up to date to avoid disputes or claims from members of staff or candidates contact our Employment Law team by calling 0330 0945 500, email firstname.lastname@example.org or complete our Online Form and we'll get back to you.