You're perfect for the job. You have all the skills and experience
the company is looking for, and you've turned up for the interview in
your smartest attire.
But there's a problem.
If you have a tattoo that incurs the displeasure of the boss, you might find any offer of employment is swiftly rescinded.
because a 4cm image of a butterfly on her foot contravened the
no-visible-inking policy of the firm for which she worked. The company
said she had failed to cover it up.
She wasn't the first. A 39-year-old mother-of-three from Yorkshire
with the mantra "Everything happens for a reason" on her forearm was
dismissed as a waitress in 2013 following complaints from customers. The previous year, a Next employee
complained he had been forced from his job because his employers disliked his 80 tattoos.
In all cases, the employers insisted they were acting within
their legal rights. And therein lies a potential hazard for a
rapidly-growing section of the workforce.
One in five Britons now has a tattoo, according to research cited by the British Association of Dermatologists in 2012. Among
US thirtysomethings the estimate rises to two-fifths.
From the prime minister's wife, Samantha Cameron - who has a
dolphin image on her ankle - to celebrities like David Beckham and
Cheryl Cole, tattooed individuals are firmly part of the mainstream.
But employers have not all kept pace with changes in attitudes. A
report last year for the British Sociological Association found managers
frequently expressed negative views about the image projected by
noticeably tattooed staff.
While ink was an asset in some
industries, such as those targeting young people, most of those
interviewed felt there was a "stigma" attached to visible markings,
according to Andrew Timming of St Andrews University, who carried out
the study.
Words like "untidy", "repugnant" and "unsavoury" were all
used to describe the perception clients were likely to gain of the
organisation if someone decorated in this way was hired.
This was true even when managers were themselves fond of body
modifications. "There were recruiters who had tattoos, who showed me
them - they weren't visible on the hand, neck or face - they wouldn't
have someone with a visible tattoo on display," says Timming.
Some enthusiasts for skin markings insist this is deeply unfair. A number of
e-petitions have been organised against tattoo-related discrimination.
A 34-year-old from Birmingham who changed his name by deed
poll to King of Ink Land King Body Art The Extreme Ink-Ite (previously
Mathew Whelan), who describes himself as the UK's most tattooed man, has
led a campaign to protect the employment status of people with body
modifications.
Body Art (as he gives his shortened name), a
property entrepreneur and Liberal Democrat activist in Birmingham, has
personally lobbied ministers Lynne Featherstone, Jo Swinson and Ed Davey
in favour of a level playing field for those with tattoos.
"If someone can do a job, they should be equal with the next person who has the same CV," he says.
Tattoos are more than simply a lifestyle choice, he argues -
they are an expression of someone's identity just as much as their
religion or other beliefs.
"I was nine when I knew I wanted them," he says. "People who
are modified have an identity because of their image and who they are."
It's not a view that is widely shared by bosses.
Policies which restrict tattoos are commonplace in the UK.
The Metropolitan Police bans them on the face, hands and above the
collar line, as well as any which are "discriminatory, violent or
intimidating". In 2012 the music retailer HMV was
criticised for issuing guidelines instructing staff to cover up their ink. Airlines
frequently place restrictions on tattoos among cabin crew.
Firms
have every right to decide who represents them, argues independent
human resources consultant Sandra Beale. An organisation that wishes to
project a smart, professional image, or whose clients would likely be
put off, is entitled to ban or limit body modifications, she says -
workers can choose whether they prefer having a tattoo or a job.
Some jobs may be less strict than others
"For an employer, if they employ them in a customer-facing
role, it could have an impact on reputation and doesn't portray a good
corporate image," she says.
Around the world, the law tends not to protect tattooed employees.
In Japan, where tattoos are widely associated with organised crime, bans are commonplace. A US federal appeals court
ruled in 2006
that ordering public employees to cover up their tattoos did not
violate their First Amendment rights. In New Zealand, where tattoos are
an important part of Maori culture, a ban by the national airline on
visible markings
ignited a national debate.
However, in Victoria, Australia, they may be considered a
physical feature protected by the Equal Opportunity Act 2010, according
to
at least one legal opinion.
Under UK law it's perfectly legal for managers to refuse to
hire someone on this basis, according to employment law expert Helen
Burgess, a partner at law firm Shoosmiths. The only exception might be
under the
2010 Equality Act
if the tattoo were connected to their religion or beliefs, she says -
and even then a plaintiff would have to demonstrate this were the case.
Existing employees would fare little better if their boss
took a dislike to a new adornment. "If there was a blanket ban on
tattoos and an individual were to turn up with one, if the employer
followed proper process that would be a fair dismissal in law," Burgess
says.
By contrast, Body Art argues that body modification has
"protected characteristic" status under the 2010 act, given the
practice's connection to people's beliefs.
Japan's tattoo taboos
Models show off the Yakuza-style body art of renowned tattoo artist Horiyoshi III
- Tattooing in Japan goes at least as far back as 5,000 BC
- During 7th and 8th Century, evidence suggests that tattooing began to be used as a form of punishment for criminals
- Resulted in an enduring association with criminality, although elaborate tattoo artistry also has a long history
- Regularly linked to Japanese mafia - known as the Yakuza -
whose members often sport tattoo "suits", invisible when fully clothed
- In 2012 the mayor of Osaka tried to crackdown on city workers
with tattoos. "If they insist on having tattoos, they had better leave
the city office and go to the private sector," he said at the time
- Young people tend to be more open to tattoos but still common
for visible art to be banned in gyms, water parks and many workplaces
But the fact so many organisations have anti-tattoo policies
suggests this interpretation of the law has not yet entered the
mainstream among HR and legal circles. Secondary legislation
specifically excluded tattoos and piercings from the 2010 act's definition of a severe disfigurement, on which basis an employer cannot discriminate.
For this reason, some tattoo artists refuse to ink the face, neck or hands of customers who are not already heavily inked.
Nonetheless, the sheer critical mass of younger people with
tattoos suggests it's likely that attitudes are likely to change over
time regardless of what the law says.
Employers - especially those seeking specialist skills - may
find they can't afford to exclude talent. In an effort to tackle a
recruitment shortfall, the British Army is reported to be considering
relaxing its rules to allow tattoos on the face, neck and hands.
However, says Timming, "There will be certain genres of
tattoos that would never be normalised. Any kind of racist symbols would
be a death sentence in terms of your job prospects."
Even now, he says, the size and location of a tattoo make a big difference to whether an employer is likely to accept it.
Likewise, designs with connotations of drugs, violence, crime
or death are likely to impede a job search, Timming says. Even
football-related tattoos sometimes cause applicants to be rejected
because some employers associate them with hooliganism.
By contrast, "any kind of more innocuous, smaller tattoos - a rose or a butterfly - would be more acceptable in the workplace".
For the time being, it's advice worth considering when
balancing the appeal of that new tattoo against the prospect of a dream
job.
Source: http://www.bbc.com/news/magazine-28758900
No comments:
Post a Comment