Equality law - Hairdressers, barbers and beauty salons

For example:

A hairdresser provides African Caribbean hairdressing services. Equality law does not force the hairdresser to provide European-style hairdressing services. However, if a white European woman asks for her hair to be styled in a way that the hairdresser would provide to an African Caribbean woman, such as braiding, the hairdresser cannot refuse to do this unless the hairdresser reasonably believes it would be impracticable. However, if the hairdresser is asked to cut or style other people's hair in a way that they would provide to a Black Caribbean woman, such as braiding, the hairdresser should do this unless they think it would not be practicable for them to do so, for example, because of the length or nature of the person's hair.

For example:

A beauty therapist who operates on her own and provides massages in clients’ own homes only provides this service to women. She believes the restriction is objectively justified and it also involves physical contact between the client and herself, which is something she has a reasonable objection to. It is likely that the provision of the service in this way will come within the exception.

For example:

A beauty salon usually carries out a facial for clients by asking them to lie on a high bed in a treatment room. A client who is a disabled person with a mobility impairment would not be able to get up onto the high bed. The salon decides that it will consider alternative ways of carrying out its services as a reasonable adjustment, such as carrying out the facial for a client sitting in a chair or lying on a lower couch if this is available. It advertises on its marketing material that it will make reasonable adjustments for disabled people, showing that it has thought in advance about the need for reasonable adjustments, rather than waiting for an individual client to ask to access the service.

You must also avoid discriminating against transsexual people in accessing your services or using your facilities. Treat a transsexual person as belonging to the gender they identify with (as opposed to the physical sex they were born with) unless you can objectively justify treating them differently.  One factor you should consider is, where a transsexual person is visually and for all practical purposes indistinguishable from someone of the gender they identify with, they should normally be treated according to their gender identity unless there are strong reasons not to do so. Make sure you and your staff take care to avoid a decision based on ignorance or prejudice, as this may lead to unlawful discrimination.

For example:

A spa refuses to allow disabled people who are receiving chemotherapy for cancer to have aromatherapy massages. This is because the spa owner understands there is uncertainty about the interaction of aromatherapy oils and the drugs used in chemotherapy. A disabled person who is affected by the refusal says this is indirect discrimination because it stops her and other disabled people in the same position receiving the service. Provided the spa owner can objectively justify the refusal, this will not be unlawful discrimination because of disability. However, a reasonable adjustment might be to offer a similar massage using unscented oil instead.

For example:

A beauty salon states that some of its treatments are unsuitable for pregnant women and people with high blood pressure or heart conditions. Provided it reasonably believes that providing these treatments would create a risk to a pregnant woman’s health and safety, the refusal would probably come within this exception.