There are no laws forbidding companies from enforcing a corporate Code of Conduct and thus Patrick’s stand that he is being discriminated against with regard to the laws specifically targeted against male employees is untenable and without proper justification. In a service industry like airlines or hostelling which has a high degree of public interaction, companies may be permitted to enforce rules that do not violate human rights.
As per the company’s rules, she is constrained to wear high heeled shoes which detrimentally exacerbate her spinal condition. She could put forth a representation before the management to be specifically waived from this condition and the management could consider her petition on its merits. Whether the management would be willing to make relaxation on health grounds in the case of Johanne remains is to be seen
This is a classic example of hazards arising out of rules enforced by the management which encourages sexual provocation and harassment of employees. Under S.6 of the Directive 2006/54/EC of the European Parliament ( of which the UK is also a signatory) “Harassment and sexual harassment are contrary to the principle of equal treatment between men and women and constitute discrimination on grounds of sex for the purposes of this Directive. These forms of discrimination occur not only in the workplace but also in the context of access to employment, vocational training and promotion.” (Directive 2006/54/EC of the European Parliament and of the Council 1). Thus, it is very much in Blade Airlines’ business interests to prohibit such sexual harassment to Bernice and on her part. she could bring a suit against her employers for effective, proportionate and dissuasive penalties.” (Directive 2006/54/EC of the European Parliament and of the Council 4).
In the case of Go Kidz Go v. Bourdouane [EAT 10 September 1996] the appeal tribunal affirmed that an employer has responsibility for preventing acts of sexual harassment by non-employees on employees in the course of their duties once such acts of harassment have been brought to the employer’s attention.