Fired because of the color of his pants, he took legal action which ruled in favor… of the employer

Fired because of the color of his pants, he took legal action which ruled in favor… of the employer
Fired because of the color of his pants, he took legal action which ruled in favor… of the employer

Let’s admit, the reason for this dismissal is somewhat baroque. It is rare for a company to part ways with an employee simply because of the color of work clothing… However, this is precisely what happened in this factory in North Rhine-Westphalia (Germany). ).

Dismissal pronounced in November 2023

In the workshop, management requires its workers to wear regulatory work clothing, including red pants, reports the German newspaper Der Spiegel. A color not really to the taste of an employee who refused to put on this “uniform” for a simple aesthetic reason.

After several warnings without effect, management ended up parting ways with this recalcitrant employee who received his dismissal letter in November 2023. The person concerned then took legal action and launched a request for unfair dismissal.

The court accepts the argument of safety at work

This color story was therefore studied by the judges… who saw red. The verdict confirmed the company’s decision on the grounds that in this factory, the color red was to be considered as a safety element making the employee more visible. The direct environment of this assembly worker being made up of moving forklifts, this argument of the distinctive red color weighed very heavily.

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“The employer was entitled to impose red as the color for protective pants at work”explained the Düsseldorf Land Court in its arbitration rendered on Tuesday May 21, 2024.

The most surprising thing, perhaps, in this case is that the complainant had been working at this company since 2014. Before this sudden aesthetic blockage, to say the least, he had until then always conformed to the regulation red pants.

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