Should This Barmaid Have Been Sacked for Not Wearing a Bra?
Kate Hanna, 22, who works, or at least, worked in a bar in Beverley in the East Riding of Yorkshire, UK, was allegedly fired from her barmaid job after complaining to the manager that a sexual remark had been made to her at work, after which she was told to from thereon wear a bra to work, and refused.
The bar, the Bird and Beer, denies dismissing her on the basis of being braless, but according to the Sun, she ranted on Facebook: “So, I’ve just got home after being sacked from my job, for refusing to wear a bra.
“Yesterday an inappropriate sexual remark was made to me (at work).
“I felt uncomfortable, objectified and shocked that this had happened.
“Unfortunately (the manager) saw fit to deal with the situation by telling me that I’m not allowed into work in future unless I’m wearing a bra.
“This was said to me in front of three other staff members and customers, leaving me feeling body shamed and completely shocked that the blame was being put onto me that I had been sexually harassed at work.
“I am absolutely disgusted with the blatant lack of respect for my right as a woman to wear whatever makes me personally comfortable. I feel so sad.”
However, the Bird and Beer has stated that: “No employees have been dismissed from the company regarding these allegations.
“We have a duty of care to protect all of our employees from any discrimination or sexual harassment within the work place and we take any comments towards our employees very seriously and act upon them immediately in a professional manner.”
Lawyer Monthly below has heard from Charlotte Farrell, Associate Solicitor at law firm Coffin Mew in response to the story:
“Dress codes have become much more prevalent in recent years. They are most commonly used to address health and safety issues or to present a consistent corporate image. The main legal requirement is that they must not be discriminatory under the Equality Act 2010 and they should also be reasonable and relate to the job an employee is doing. It’s certainly questionable whether wearing a bra would fall into this category.
“If it is critical to the job role it might be written into the contract but more often than not you’ll find a dress code in a Staff Handbook giving general guidance on what the employer expects. Serious breaches can potentially lead to dismissal but it seems rather far-fetched that an employer would be able to dismiss an employee for the underwear they choose to wear. It’s much more likely that an employee would be sent home to change or given a warning if it was felt their attire wasn’t suitable for their workplace.
“However, this begs the question whether not wearing a bra to work is inappropriate. There is nothing that requires women to wear a bra. In fact, many women choose not to wear one. It is perhaps more a reflection of society’s expectations that a woman without a bra is singled out. There have been similar debates and cases recently about women wearing high heels to work and policies preventing tattoos and piercings for fear of offending people. These cases together all beg the question of whether employees should be penalised for their appearance making another person feel uncomfortable, even when they are doing nothing wrong.”
So, whilst the company is denying that they dismissed the employee for her clothing, or lack of it, it raises questions about what is ‘appropriate’ clothing for the workplace, and whether all in all, women’s comfortability at work should be questioned or left indiscriminated.
(Image Source: Facebook + The Sun)
