IF I AM FIRED BECAUSE I HAVE A TATTOO CAN I SUE FOR THIS?

We asked you about Badman yesterday. Thank you for your thoughts and opinions. Let us add our two cents (in simple terms we mean our thoughts).

Badman has been accumulating tattoos all over his body since he left secondary school. Last month he completed the biggest tattoo of them all and has now got one that runs from his neck to his feet and goes all over his arms. He got a new job last week and he was given a t-shirt to wear for a work activity and that is when his boss so this multi coloured tattoo running over his arms. He has been suspended and given an ultimatum. Either remove the tattoo or lose the new high paying job. What should Badman do?

WHAT DOES THE LAW SAY?

The employment law says that an employer is free to choose who he/she hires to work for them. However this choice should not be discriminatory and based on things such as color, race, tribe, gender or even what someone’s skin may have. For example if the boss wants a ‘muganda’, or munyankole etc or even a woman just for preference and not because these attributes will contribute to the work, then this is discrimination. Similarly, in Badman’s case, if the job requires a certain kind of image and reputation and it may be damaged by having someone displaying tattoos then they can require that Badman covers them up or they get someone else. However if it is simply because the boss does not like people with tattoos and this does not affect the image or performance at work, then Badman has all the right to sue the company for wrongful and unfair termination if he is fired.

Remember if it is necessary to function at work, then the workplace can insist on it, however if it does not affect work or your performance then you should not be fired for it.

#BarefootLaw

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Osuta Yusuf

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