Employing people on looks rather than ability could land companies in trouble a barrister has warned.

“Aesthetic labour”, which means recruiting people on dress sense, body language, personal grooming or even their accent, is predominantly associated with service industry roles and may be deemed discriminatory.

Lucy Bones, barrister at Littleton Chambers, says that while there is no legislation in place specifically addressing appearance-based discrimination, appearance based issues can crop up across the existing spectrum of discrimination statutes; for example, a policy relating to weight could be discriminatory on grounds of gender or disability:

“A female employee could argue that women are harder hit by apparently unisex policies concerning weight, as there is greater social pressure on women to be slim and maternity may make weight control more difficult for women.

“An array of medical conditions which qualify as disabilities may also lead to weight gain or loss. Eating disorders may also amount to disabilities as they affect the sufferer’s ability to nourish themselves.”