An Employment Tribunal has dismissed a lawsuit filed by former flight attendant Marion McKay, who alleged sex discrimination and constructive dismissal after being asked to change her hairstyle at Jet2, a British leisure airline.
McKay, 52, filed the lawsuit against Jet2 following her resignation in August 2023, just a year into her employment at Edinburgh Airport. She claimed that the airline’s request for her to alter her hairstyle amounted to sex discrimination, arguing that male employees with similar haircuts were not subjected to the same requirements.
Previously a successful police officer, McKay had transitioned to a career with Jet2, where she was recognized for her strong performance and valued as a team asset. However, tensions began when the airline conducted a uniform and grooming inspection in July 2023, known as the ‘Red Hot’ day.
McKay, who sports an undercut with long bleach blonde hair on top and shaved sides, was informed by her base manager that her hairstyle did not comply with Jet2’s uniform standards, which specifically prohibited undercuts and Mohican styles. Despite no issues being raised during her hiring process, the scrutiny on her hairstyle in July led her to believe that compliance would mean altering a significant part of her personal identity.
Following this, McKay took sick leave due to stress and subsequently resigned. During her exit interview, she raised a formal grievance, citing that two male colleagues with similar haircuts had not been asked to modify their styles. The airline’s investigation found that the male employees did not have undercuts, leading to a dismissal of her grievance.
McKay then filed a complaint with a government cancellation service and pursued a compensation claim at an employment tribunal. The tribunal’s ruling earlier this month rejected her claim, stating that Jet2’s grooming standards were applied fairly to both male and female employees and that the request for McKay to alter her hairstyle was not discriminatory.
The tribunal’s decision explained that Jet2 had a valid reason for asking McKay to adjust her hairstyle as it breached the airline’s uniform policy. The ruling noted that the request did not constitute discriminatory conduct or breach the implied duty of trust and confidence.
After leaving Jet2, McKay initially joined Marks & Spencer and has since secured a higher-paying position at a train company. Despite the legal setback, McKay’s career continues to progress positively.