A workplace dress code enforced by a business can sometimes be a contentious subject amongst its employees, and it can often be a hard balancing act for employers between allowing people to express themselves as individuals and having an appropriate, professional business appearance. This subject has received a lot of media coverage over the last couple of years.
Various companies have different rules on what employees can wear whilst at work, which can often be based on safety requirements and/or employees generally presenting themselves as looking professional when communicating with the business’ clients. However, any dress code rules enforced by a business will have to abide by equality law, human rights legislation and the implied term of trust and confidence.
Workplace Dress Codes – Things To Consider
All employers must keep in mind the following with regards to their dress code:-
- It must apply to both men and women on an equal level but may allow for certain varied requirements, such as men must wear a tie, whilst women must wear “business dress”.
- Appropriate adjustments must be made available for any employees who have a disability preventing them from complying in the same way as a non-disabled person, or wear certain items of clothing for religious purposes.
- Employees with different roles within the business may have different dress code requirements, such as those who handle food, operate heavy machinery or work outdoors, due to health and safety purposes.
- All dress codes must be made readily available to employees once it has been introduced. Acas also suggests speaking with employees before finalising a workplace dress code.
Should any of the above points not be considered and the business takes action against that individual (e.g. disciplinary proceedings) regarding their clothing and/or footwear, then, depending on the circumstances, the employee could consider making claims for constructive dismissal or discrimination on the grounds of sex, disability or religion and belief.
Sexual Discrimination
There are obvious distinguishable differences between a man and woman’s dress within the workplace. But nonetheless, a business must adhere to an even and level approach for both men and women and not impose certain stricter restrictions on one sex over the other.
Disability Discrimination
Employees who have a disability may not be able comply with all dress code rules, and as a result, a business should make allowances where necessary, e.g. a female employee who is required to wear high heeled shoes but is unable to do so due to a disability.
Religious Discrimination
According to Acas, some businesses may overlook religious dress code within their policy and ban certain items of clothing. However, an employer should allow its employees to wear items of clothing that support their religious faith or beliefs. A business that does not do this may be seen to be discriminating against its employees, unless they have a legitimate aim, e.g. a safety requirement and they act proportionately.
In addition to the above, employers may also want to restrict or ban employees from displaying tattoos and/or body piercings in the workplace for professional purposes. If this is the case then this would also need to be contained within the dress code policy that the business implements.
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Laura Evans is an Associate in our Employment Law team.
For more employment law advice or to comment on this article, please call 0800 024 1976 or contact us via our online form to speak to a member of our team.