Mark Caldicott works at Exeter Prison
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A Devon prison officer who claimed he was a victim of sexual discrimination for having to wear a tie, has lost his case at an employment tribunal.
Mark Caldicott, 34, from Cullompton, east Devon, who works at HMP Exeter, brought the case against the Prison Service, saying that everybody or nobody should have to wear a tie.
Tribunal chairman John Hollow said although there was a difference in treatment between male and female officers it was not discriminatory in this case.
The Prison Service welcomed the judgement, saying it expected its staff to look smart at all times.
We are not persuaded that there is discrimination here
John Hollow, Tribunal chairman
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The case came after Mr Caldicott was on duty without a tie, working alongside a female officer who was also tie-less, in December 2002.
A governing officer instructed him to put on a tie and he did so.
After this he decided to take the case to the tribunal.
Tribunal chairman John Hollow said: "We are not persuaded by the applicant's argument that there is discrimination here."
After the hearing Mr Caldicott, from Cullompton, east Devon, said he was "a bit gutted".
He added: "We will just have to see what the union says now."
Judgement reserved
The Prison Service said of the judgement: "We are pleased that the tribunal found the uniform policy to be lawful and not discriminatory.
"Prison service staff are expected to look smart at all times, and the wearing of ties for men as part of the uniform is totally reasonable."
The case comes after a tribunal reserved judgement last month in the case of an office worker who said being made to wear a shirt and tie at work was sexual discrimination.
Matthew Thompson, an administrative assistant at Jobcentre Plus in Stockport, Greater Manchester, took the case against the Department for Work and Pensions (DWP).
He said there were no similar dress stipulations for women working in the office.