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Dress code and appearance in the workplace – Solicitors in Coventry

Dress codes are often used in the workplace for a variety of reasons, for example, to portray a corporate image or for health and safety reasons. In recent times, there has been increasing press coverage of dress codes which has been critical of employers, for example where female employees are required to wear high heels or where men have been sent home for violating a dress code by wearing shorts, only for them to return to work in a dress to prove a point.

 

ACAS provides useful guidance on dress codes and appearance in the workplace and identifies the central issues for the employer to consider rather than being prescriptive about what should or shouldn’t be allowed.

 

The fundamentals

There are 4 key points which should be considered when determining a dress code:

  • Employers must avoid unlawful discrimination in any dress code policy
  • Employers may have health and safety reasons for having certain standards
  • Dress codes must apply to both men and women equally, although they may have different requirements
  • Reasonable adjustments must be made for disabled people when dress codes are in place

Summer dress codes

It can often be difficult for both employers and employees to determine what appropriate work wear is during the hot summer months. As with most dress codes, what is appropriate will largely depend upon the type of work you’re doing and the environment you’re working in. Employers may allow a more casual dress code during the summer months but this will be at their discretion.

 

It can often be more difficult for men to wear comfortable and cooler clothing to work in the summer months, particularly in professional environments where a suit may ordinarily be required. Whilst women may have an appropriate summer wardrobe, simply removing a tie may not be enough for a man! This is a matter which an employer needs to give careful consideration to ensure that it does not discriminate on the grounds of sex.

 

If your employees work in an environment with a specific uniform, or where they need to wear personal protective equipment to carry out their work, then you should take steps to ensure that they are able to keep cool even where the uniform doesn’t allow for it.

 

Tattoos and body piercings

Time and time again, this can prove a difficult issue for employers. Exactly where do you draw the line? Employees with single ear piercings and discreet tattoos are probably fairly common place now and accepted as the ‘norm’, but how do you differentiate that from an employee with disc earrings to gouge a hole in their earlobes and a skull and cross bones tattooed on their neck and face – the latter perhaps being slightly more unsightly and unprofessional?

 

Employers can ask workers to remove piercings or cover up tattoos if they believe it’s not in keeping with the ethos of their organisation, particularly where employees are customer facing. However, careful consideration should be given to any restrictions or requirements and an employer should have a sound business reason for requiring these dress codes.

 

Religious Dress

Manifestations of a religion or belief could include following a certain dress code. Employers should therefore tread carefully in this area and will need to justify the reasons for banning or requiring removal of religious items, for example, a Muslim veil or Sikh Kara bracelet. If employees feel their ability to manifest their religion or belief is being compromised by their employer’s dress code practice, they could bring an indirect discrimination claim. An employer will have a defence if they can show that there is a legitimate aim (a real business need or safety requirement) and that their dress code criteria are proportionate to that aim, i.e. reasonably necessary in order to achieve that aim, and there are no less discriminatory means available.

 

Reasonable adjustments for disabled people

An employer has a duty to make reasonable adjustments to help disabled employees in an attempt to reduce or remove that individual’s disadvantage. A disabled employee may be placed at a substantial disadvantage by a prescriptive dress code if it restricts their ability to use an auxiliary aid which is required to provide support or assistance to the disabled person.

 

Advice to employers on best practice

 

  • Think about the image you want to convey and any health and safety requirements
  • Ensure the code relates to the job and is reasonable in nature
  • Consider the justification for any specific restrictions or where certain items are to be banned
  • Consider how you can allow employees to manifest their faith in a way that does not conflict with your proposed dress code
  • Ensure the code is not discriminatory, for example reasonable adjustments should be made for disabled employees and the code should apply equally to men and women
  • Consult with employees over any proposed dress code to ensure that the code is acceptable to both the Company and employees.
  • Document the dress code in a formal policy and communicate it to employees. Take action in respect of employees who are not complying, having first investigated their reasons for non-compliance.

 

For further advice about a dress code policy or any employment law related matter, contact Lianne Payne, Head of Employment:

 

Do you want to work with one of our employment solicitors in Coventry? You need to visit the Askews Legal website today. If you would like to get in contact with a member of our team, give us a call on 02476 231000. Alternatively, fill in the contact form on our website and someone will get back to you as soon as possible.

 

Askews Legal LLP – Solicitors Coventry.