A Jet2 flight attendant who quit work in a row about her “extreme” haircut has lost her bid for £22,000 in compensation in a claim of direct sex discrimination and constructive dismissal.
Marion McKay resigned in August 2023 after claiming the airline had threatened to stop her from working as cabin crew.
She then brought an employment tribunal claim for emotional distress and loss of earnings, but her compensation bid was dismissed after the panel found she had not been discriminated against.
McKay had been employed by the budget airline for 14 months and had passed two annual ‘Red Hot’ judgment weeks which assessed the hair, makeup and clothing of cabin crew staff. However, just days after she had passed the second assessment, McKay claims she was told by a manager that her hairstyle didn’t meet company standards.
She had an undercut hairstyle, which wasn’t mentioned in her interview, but later became an issue when her manager asked her to “tweak” her haircut so that it complied with the airline’s uniform policy, which doesn’t allow undercuts or mohicans.
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On 14 July 2023, McKay was signed off by her doctor with work-related stress, which she attributed to the anxiety and stress caused by the circumstances at work. Eight days later, she resigned by email, officially ending her employment on 13 August 2023.
However, the tribunal in Edinburgh agreed that Jet2’s treatment of McKay had not been discriminatory and that a man with the same hairstyle would have been treated the same way.
In her decision, employment judge Michelle Sutherland said: “The claimant resigned because she was asked to change her hair but that request was not discriminatory.
“There was accordingly no discriminatory conduct which amounted to a breach of the implied duty of trust and confidence.
“The respondent did not discriminate against the claimant by constructively dismissing her.
“In conclusion, the complaints of discrimination do not succeed and are accordingly dismissed.”
Jet2 has been contacted for comment.
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