Plus size shop employment - is this legal ?

[laceygo]

DD 16 has just filled in an online application for a Saturday job in a plus size clothes shop, and right at the end it says ' all employees are required to wear our clothes as uniform , size range starts at size 16, please tick if you can fulfil this requirement '
Is this legal ? Just sounds a bit off to us

That is just boggling

It's sizest

@YearOfYouRemember yes that's what we thought

It sounds a bit odd but I doubt it's disctimatory.
Do they sell mens clothes too?

@StealthPolarBear no just womens

So realistically you can only work in that shop if you’re a size 16 or over? That can’t be legal.

I don't know, but if you think about how much plus size people are discriminated against in most other clothes shops, is this really the only one where she can find a job? Plus size people are constantly told they're too fat etc so let them have a chance for once.

So they aren't going to hire any men. Unless they wear womens clothes. Which by definition these days makes them women. Interesting.

It’s normal for retail staff to wear the shop’s clothes as uniform - so I guess you couldn’t work at a shop that only stocks up to 18 if you’re bigger and vice versa. I can see why they want the staff wearing current stock and it needs to fit.

Personally I don’t think anything is wrong- if the clothes are the uniform then it isn’t going to look great on a size 10. Same vain as TopShop (or any clothes company whose employees wear the clothes as uniform) who only go up to an 18 (which is more like a 14/small 16)

I can see their point, it's just a shame cos the hours were great for her etc ... we'd just not seen that before

I do wonder if it's sex discrimination

If a plus-size person wanted to work at a regular-size clothes shop, and they had the same requirement to wear the merchandise as uniform (which lots of clothes shops do) then they wouldn’t be able to work there either. It goes both ways.

Having to wear clothes from that shop is a requirement at many clothes shops.

Assuming that your dd isn't plus size, I'd apply but simply not tick that box. If it's a big chain, hopefully there's a compromise that can be made eg if she wanted to work at Evans (Arcadia Group) then other Arcadia group clothes would be allowed.

And they won’t hire men because all staff will go on changing room duty and if it’s a women’s shop, that wouldn’t be appropriate.

How many plus size staff work in designer shops that don’t go beyond a 14 etc?

Maybe I am wrong, but I don’t think discrimination laws cover size.

I would think yes as size isn't a protected characteristic.

However, anyone could wear their clothes, they just might need them altered. Though in the real world of course even if your dd got to interview stage, it would probably be obvious if she's smaller, especially if much smaller, than a size 16 so chances are she wouldn't get the job anyway.

As a plus size with a very slim dd myself I'm torn - genuinely!

On the one hand as a customer going into a plus size store I would feel more comfortable being served by other plus size people.

On the other, even though dd is very slim herself, she is very polite and through having a plus size mum and a VERY plus size best friend (and this is partly due to health issues/medication), she empathises and understands (as far as she can having never been overweight herself) with those who are and would treat customers very well. Indeed she's suggested styles to me that I thought would look awful that actually were very flattering. She has a good eye for that kind of thing.

Also, some would like to see it become a protected characteristic to attempt to end the prejudice coming from some people towards people who are overweight (and underweight actually), so perhaps employers especially ones where their employee policy is so public, need to be aware of that. But then that might kinda be where they're coming from - trying to make customers feel comfy by not being served by slim sales staff who might not be kind.

Dd is very slim, always has been, but is not underweight, the only times she's been underweight is when she's been very poorly. But unfortunately some people see her as fair game for some quite nasty comments.

I have a friend who is underweight through no fault of her own, struggles to maintain the little weight she has (crohns disease) and she also had had horrific comments from complete strangers sometimes.

Very tricky for the employers.

Right, ok

I very much doubt that is legal.
Some employment positions are exempt from the equality act but they typically state this in the advert - so I've seen adverts for women only to work in sexual assault centres for example, stating the role is exempt from the equality act. The other common one is restaurant staff in a country-specific cuisine restaurant, eg an Indian restaurant can select only Indian staff. I really doubt this shop is exempt, but I guess the way to find out is to ask them if they have an exemption?

I notice that they don't state you have to be a size 16 though, just that you have to wear size 16, so they may deny it.

I once had to wear a size 20 uniform when I was size 10 as all the smaller sizes had gone and I kept tripping over the trousers, it was ridiculous. (I'd cycled to work in gym clothes not realising there wouldn't be a suitable uniform).

I think it is fairly common for clothes shops to state you must wear their stock, and I suppose it's a sly way to ensure they get applications of their desired size and style.

Completely normal in clothes shops to have to wear their clothes as uniform. I don't see an issue with this.

It's not right, but as far as I know, it's not illegal. I don't think size is a protected characteristic like age, sex, race and disability for example

What would be the protected characteristic though?

And they won’t hire men because all staff will go on changing room duty and if it’s a women’s shop, that wouldn’t be appropriate.

Not a problem for our local Dorothy Perkins!

Perfectly legal. Being slender is not a protected characteristic.

Really, ifiwasabird? I would expect that to put some female customers off trying things on and just going elsewhere. I am castin my mind back to when I worked at Monsoon in my uni days - I def had to wear current stock and there were no men!

The form doesn’t say ‘or you can’t work for us’ it just asks if you can fulfil the criteria for the job.

Size isn’t a protected characteristic, I can see why they don’t want a shop staffed by size 8 teens.

They may have a solution for thinner applicants. But if I don’t, having thought about it I think it’s fair enough.