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Dress code is always a sensitive topic and as summer approaches, the tension caused by the difference in male and female dress requirements can become acute.  Many employers allow women to dress in sandals and strappy dresses, but men are still uncomfortably trapped in formal business wear.

Add religious beliefs and disability to the dress code discussion and it becomes clear that the subject of what employees should and shouldn’t wear to work is a difficult one.

A formal dress code creates clarity for both employer and employee as to what standards are expected.  Where the employees meet customers, the benefits of presentable appearance are obvious. Even where the employee’s work is internal, a dress code can help to:

create a team atmosphere,
encourage standards of professionalism,
create a corporate image.

Let’s take a look at the three main areas where discrimination can arise, starting with gender discrimination.  Some years ago, Matthew Thompson (Jobcentre Plus employee who worked in Manchester), successfully complained of sex discrimination because male employees at Jobcentre Plus were required to wear a collar and tie.  Female employees were allowed to dress more informally.

In matters of male and female dress code, the decision as to whether one gender is being treated less favourably than the other will not be based on an item-by-item comparison, but judged on the overall standard required.  This level of formality required must be the same for each gender, but can be made up differently; for example, men may be required to wear a shirt and tie, whilst women may be required to wear business suits or tailored separates???

If the employer adopts this approach, then neither gender is treated less favourably.

A dress code that requires employees to act in a way contrary to their religious beliefs risks being indirectly discriminatory.  So a dress code forbidding headgear will be discriminatory to male Sikhs, who must wear a turban.  However, the recent decision of the Court of Appeal in Eweida v British Airways shows that there is not an unfettered right to express one’s religious belief.  BA had a dress code policy, which refused visible jewellery to customer facing staff.  Ms Eweida, a committed Christian, attended for work wearing a corss on serval occasions and was asked to conceal it.  Eventually she refused and was sent home.  She complained, unsuccessfully, that she had been discriminated against on the grounds of her religion. 

The Court rejceted her appeal because the detriment of which Ms Eweida complained was only suffered by her.  Her complaint arose from a personal objection, which was not based  on requirements of her faith.  Nor did the dress code interfere with her ability to observe her faith.  The concern had never been raised by any of the other 130,000 BA employees.

From male police officers with pony tails and classroom assistants wishing to wear full face veils, to the British Airways cross case, employers must ensure that their dress code is drawn up to avoid the various discrimination law pitfalls.

Actions for employers:

Employers can prescribe a dress code that is appropriate for the work involved, e.g. for safety and hygiene reasons.
Employers can require staff who come into contact with the public or other organisations to conform to a dress code, which will enhance the public image of the employer and facilitate its business.
Employers must act reasonably, balance the needs of the business with the rights of employees, and get the principles of the code right so that it genuinely reflects a business need, and is neither arbitrary nor discriminatory.
The dress code needs to be spelt out in a clear policy, which is transparent and understood by all.
The code must be enforced in a consistent and proportionate way.

As with most aspects of employment law, it can be difficult to put into practice the theory of what is legally required of you as an employer or business owner. Russell HR Consulting provides expert knowledge in the practical application of employment law. On the 11th of May, we will be running a workshop entitled ???Breaking the Dress Code Mystery’, which will address the issues of dress code in the work place and give employers practical advice on how to avoid sartorial embarrassment. Visit our website: http://www.russellhrconsulting.co.uk/index.php?/public-courses/course-schedule.html.

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