Sex discrimination claims challenging the imposition of a dress codes seem to favour the Employer.
In Denise v Metropolitan Police Department (2013), a male trainee police officer, had shoulder length hair, which he kept in a bun. The police force distinguished between men and women, where men were required to wear their hair short and women were required to wear it in a bun. The male trainee was asked to cut his hair. He brought a claim for indirect sex discrimination.
The EAT decided that the ET was right to dismiss the claim on the basis that whilst, when enforcing gender specific provisions in dress code, it is likely that one sex may be treated less favourably than the other. However the Claimant could not be said to be treated less favourably if the dress codes leads to equivalent standards.
In a claim made just after the Sex Discrimination Act into force, Schmidt v Austicks Bookshops (1978), Schmidt, a female employee challenged her employer’s insistence that women should not war trousers. The Tribunal found in favour of the Employer, holding that different dress codes for men and women are acceptable as the burden of restrictions on men were equal to that placed on women.
In Hutchieson v Graham and Morton ltd, a senior female manager was required to wear the same nylon overalls as the rest of her female team. The males on the other hand were allowed to wear lounge suits. It was held that this amounted to a detriment because the uniform pointed towards a lower status than that of male employees of a lower rank. However in Secretary of State for DWP v Thompson [2004] IRLR 348 the Employment Appeal Tribunal decided that it was not necessarily discriminatory to impose a certain dress code on men (i.e. the requirement to wear a shirt and tie) but not on women. - See more at: http://www.no5.com/news-and-publica...d-discrimination-claims/#sthash.tKM8ffjk.dpuf
Despite all that^ I would say that there could be argued to be some discrimination in the respect that women are allowed to wear clothes much more suited to the hot weather than the men.
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