Work dress codes - the legalities

Recent legal cases regarding work dress codes have highlighted the difficult question of how far employers can dictate their employees' appearance at work. We aim to answer address the issue by looking at the employment claims that might arise from dress codes, and suggesting practical tips on how they can be avoided.Employment Claims | Sex Discrimination| Race and Religious Discrimination | Health and Safety | Smart Appearance | Uniform | Transgressions | Next Steps Employment Claims The main claims that might result from dress codes are sex discrimination, and race and religious discrimination. Sex Discrimination Employers that set more relaxed rules for the appearance of their female employees than they do for their male staff, or vice versa, may face a sex discrimination claim. The key for employers is to ensure that the rules on what men and women can and cannot wear to work are equivalent, and do not unfairly disadvantage either sex. If men are required to wear a collar and tie, then women should be required to dress equally smartly. More difficult questions arise when it comes to hairstyles. Some employers might be happy for their female staff to wear long hair loose, but would not wish to see male employees do the same, and would prefer them to cut it or tie it back. Race and Religious Discrimination Some employees have cultural or religious requirements that dictate aspects of their clothing or appearance. A dress code that does not accommodate these will amount to race or religious discrimination, unless it can be justified. Examples of rules that may disadvantage employees of a certain race or religion include:

• A requirement not to cover the face may adversely affect Muslin women who wish to wear a full veil
• Stipulating that employees must wear conventional hairstyles could discriminate against Rastafarians who wear dreadlocks
• A ban on head gear may discriminate against Sikhs if they wear a turban
• Requiring employees to be clean shaven may discriminate against Muslim employees who wear a beard
• Preventing employees from wearing jewellery or tattoos could discriminate against employees from certain cultures or religions.

In order to defend discrimination claims, employers must show that the rule is justified, for example that it is necessary to achieve a legitimate aim. However, employers should accommodate cultural or religious requirements if they can do so without detracting from the aim behind the dress rules. Health and Safety Dress codes are sometimes introduced for health and safety reasons, which will usually justify any disadvantage to employees of a certain race or religion. For example, it would be justifiable to prevent employees who work with machinery from wearing jewellery that could get caught up in it. Smart Appearance Employers may be able to justify rules aimed at achieving a smart appearance for staff, but this will depend partly on the employee's role. For example, employers are more likely to be able to justify this requirement for a customer-facing employee. It will also depend on the nature of the employer's business - an accountancy firm will be able to justify smarter standards than a clothes shop. Many rules that employers stipulate in order to achieve a smart appearance - such as no jeans, no shorts, no vests or no clothing displaying slogans - should not cause any disadvantage to employees from particular cultures or religions. Uniform It is generally accepted that in the service or retail industries, a uniform is frequently necessary. However, employers should still consider whether any deviations can be allowed in order to accommodate cultural or religious requirements. Allowing female employees to wear trousers instead of skirts would accommodate women who wish to cover their legs for cultural reasons. Dealing with Transgressions Employers are entitled to discipline staff who fail to comply with the dress code. The appropriate sanction will depend on the extent to which the employee has breached the rules, and any previous history of doing so. Dismissal for breaching the dress code will be unfair (attracting compensation of up to around £70,000) unless the employer follows a fair disciplinary procedure, and dismissal is a reasonable course of action in the circumstances. It would almost certainly be unfair to dismiss for a first offence. Next Steps The key questions for employers to consider in relation to their own dress standards are:

• Why are these requirements necessary (for example, are they connected with health and safety, or does the employer wish to ensure a smart business-like appearance)?
• Are equal standards expected of male and female employees?
• Are any of the requirements likely to disadvantage employees of a certain race or religion, and if so, can any changes be made in order to accommodate these?

If an employee asks to wear a certain item for cultural or religious reasons, employers should not reject this outright, but give careful consideration to whether there is a good reason to refuse the request.