The Equality Act 2010 (EqA 2010) protects employees from being subjected to direct or indirect discrimination, harassment and victimisation on the grounds of their sex. Employers must treat men and women equally regarding access to employment, vocational training and promotion and working conditions.
Where employers fail to do so, employees may issue a claim against their employer and, if successful, they may be awarded an unlimited amount of compensation.
Previous case law illustrates that it is legal for employers to dismiss staff who fail to adhere to ‘reasonable’ dress code demands. However, employees must be given sufficient time to buy the correct shoes and clothes.
Employers are legally able to implement different dress codes for men and women, provided that there is an ‘equivalent level of smartness’. Employers must also be able to justify the rule in question and show that the rule is a proportionate means of achieving a legitimate aim, for example to project a corporate image to clients. The rule must be applied proportionately. Additionally, employers can argue in some circumstances that the code is a ‘genuine occupational requirement’.
Can Women Be Forced to Wear High Heels At Work?
Case Law
Nicola Thorp, a corporate receptionist at PwC in London, arrived on her first day at the accountancy firm wearing flat shoes but she was ordered by her bosses to go out and buy a pair of high heels that were between 2 to 4 inches high, and was told that if she did not do this then she would be sent home without pay.
Nicola refused to change her footwear, arguing that she could not be expected to do a nine-hour shift where she would be on her feet in high heels. Her bosses followed through with their threat and sent Nicola home, ridiculing her for complaining that her male colleagues were not expected to wear the same ‘uniform’.
The company also pointed out that Nicola had signed the relevant appearance guidelines, and these guidelines were common within the service sector and ensured consistency.
Nicola then started an online petition to the government, stating that the law is outdated and sexist and women should have the option to wear flat formal shoes at work. The petition was set up on 9 May 2016 and has already received over 120,000 signatures and subsequently there is a chance that MPs could debate the issue in Parliament.
In response, the company has now said that it will review its dress code policy.
Comment
The general secretary of the Trades Union Congress has commented that a dress code requiring women to wear high heels ‘reeks of sexism’ and expert podiatrists have stated that there are serious health concerns linked to wearing high heels for significant periods of time. This can result in damage to the joints of the feet and knees and it increases the risk of osteoarthritis. The College of Podiatry has warned that it only takes an average of 1 hour, 6 minutes and 48 seconds for high heels to cause feet to start hurting.
The issue of female footwear and sex discrimination has been heavily covered in the media, with a photo of the bloodied feet of a waitress in Canada who was forced to work a full shift in high heels recently being shared over 10,000 times on Facebook. The same issue frequently arises in relation to airlines and cabin crew and in 2015 the Israeli airline EI AI established a rule that all female cabin crew had to wear high heels until all passengers were seated.
Best Practice
Allegations of discrimination are likely to create bad publicity for an employer and issues of discrimination may also be highly emotive and may negatively impact employee morale.
Employers should be mindful that whilst they are within their rights to implement a formal dress code, this should reflect modern day society and must acknowledge that women can be smart whilst wearing flat shoes.
Employers must also ensure that their policies are applied proportionately; and in light of the evidence of the potential health problems and the current attitudes of society it is now strongly arguable that sending an employee home without pay for wearing flat shoes will be disproportionate.
The intention behind a dress code policy will be a crucial factor in deciding whether the policy is discriminatory. If employers set the code because they believe high heels make women look more attractive then this is extremely likely to be viewed as discriminatory, as it is not a job requirement for a person to look attractive at work.
Additionally, dress codes may be incompatible with particular cultures or religions and indirect racial or religious discrimination may occur unless the dress code is justified. Employers should accommodate workers’ different cultures and religious beliefs where possible.
For more employment law advice or to comment on this article, contact us to speak to a member of our employment law team.