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NewsweekNov 26, 2022
The Facts
Police Scotland is instituting a new clean-shaven policy for frontline officers and civilian staff so that they can use a particular type of face-fitted mask designed to protect the respiratory system.
The respiratory protective equipment policy mandates officers and staff to wear FFP3 masks, first used during COVID, to safeguard them from hazards "such as fires, road accidents, and chemical incidents."
The Spin
Narrative A
Beard bans infringe on workers' rights and are an indirect form of religious discrimination, particularly against members of the Sikh, Muslim, and Jewish faiths. Evidence from COVID indicates that the FFP3 mask might fit adequately even with facial hair in place. With the pandemic growing increasingly distant and the need for officers to wear PPE in normal circumstances lessened, the decision to introduce a new clean-shaven policy is even more perplexing.
Narrative B
Frontline officers and staff should abide by the force's health and safety guidelines, and if a reasonable accommodation cannot be made, they must part with facial hair. The policy may be justified if it is required to reach a legitimate end, such as keeping the public safe, which is why jumping to a conclusion of discrimination before the policy — which contains exemptions — is implemented is unwise. It is up to employment tribunals to decide whether or not Police Scotland meets the legal standard of "proportionate means."