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Interesting H.I.R., thanks.
The Commission recalls that the applicant claims that he has been sanctioned for dressing as a "female" whereas the same restrictions have not been applied to women who have been permitted to wear masculine clothes at work. The Commission notes that this complaint was considered by the Industrial Tribunal which accepted the evidence of the Council that, in respect of the example relied on by the applicant of a woman wearing black trousers and a white shirt, this style of dress was smart and wholly appropriate to the job which she did. It found no indication that the policy of requiring appropriate dress was not applied to both genders. The Commission observes that the range of dress which is considered appropriate for a woman may be wider than that available to a man. However, that does not disclose any basis on which the Commission may find that the applicant was subjected to a different rule on the basis that he was a man, rather than a woman.
Yes, but would they have brought the action against their female employee if she wore a dress?
It all started on talking with the manager above my current manager about two years ago. I commented on how I only wore 'nail protector' nail varnish to work but would wear coloured outside work. She foolishly mentioned about how the council rules didn't say I couldn't wear make-up to work, and I started wearing nail varnish, but never really bothered going much further. It only became a point of principle over the next few months as it started to get her nervous, we're right next door to the Town Hall after all and she was always a bit paranoid that there'd be one upset councillor and she'd loose her job.
But she decided to treat me as if I was some crazy transsexual warrior willing to kill anyone who looked at me funny, and there were several conversations about whether it was appropriate for me to wear nail varnish which made me damn sure I was going to continue, because she never actually asked me if I would mind stopping! She always assumed I would say 'no'! There were a couple of complaints made about me from members of the public, but these were both cases where they wanted something that was against our rules, I refused to oblige, so they complained I was obstructive. We get these sorts of ones regularly and they aren't taken seriously. They identified me by saying it was 'the man with the nail varnish'. My line manager but one suggested that I should stop colouring my nails as it made me easily identifiable. This in an organisation where we all wear name badges... Then, one day, my line manager but one asks me "What do your parents think about you wearing nail varnish?" Excuse me? I'd been living away from home at this point for about 7 years.
Luckily, after that, she gave up and I was able to prove that nail varnish fumes at no point rendered me unable to do what I was employed to do. Two years later, this summer, she was leaving, to go and work up Birmingham way. For her leaving party I wore a lovely black blouse and pattened trousers that the lovely Lillith Myth helped me pick, and which London 'Lithers have also seen at sfd's do.
If I start getting hassle from officials, we now have a heavily Tory dominated council average age 300, I'll back down, work is more important to me than clothes. I agree with sfd that us weirdo's have to be better than the others to be treated the same, luckily I am better than some of those I work with (Ooh I'm so dead if they read this). Lurid, I suppose I'm lucky in that my gender issues are not so pressing that I feel I must express them, there's a woman in me, but luckily she's a transvestite too most of the time, so we get along splendidly! |
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