The Government has recently issued guidance for employers, to help them ensure that they are implementing dress codes which are not discriminatory towards their employees and job applicants who may have to abide by them.
This guidance follows a petition to the British parliament in 2016, which was backed by 150,000 signatures, calling for it to be illegal for an employer to require a woman to wear high heels at work. This was a direct result of the outrage sparked when Nicola Thorp, a receptionist at London finance company PwC, was sent home from work without pay after wearing flat shoes to work. In turn, the Government was looked to for some clear guidance to help employers stamp out dress code discrimination within the work place.
The guidance comments on a number of contentious issues surrounding employee dress codes, including high heels and religious dress and advises that the standards for male and female dress codes should be equivalent in standards.
Employers are made aware of the need to make reasonable adjustments for disabled employees, for example not imposing a dress code where the impact is more onerous on an employee with a disability, and advised that transgender employees should be allowed to follow the organisation’s dress code in a way which they feel best matches their chosen identity but recognising that there will be a period of transition to that identity.
The guidance gives examples of where imposing specific dress code requirements would be unlawful, such as in the case of requiring females to wear high heels but not imposing such a restriction on a male employee’s footwear.
Below sets out the recommendations in the guidance for employers in terms of what to do and what not to do when implementing an employee dress code:
Do
- Make male and female dress codes similar/equivalent in their standards. For example, a twopiece suit in a similar colour for both men and women, with low-heeled shoes for both sexes.
- Avoid gender specific requirements, such as requiring that makeup is worn or the requirement that staff have certain hair styles.
- Consider the health and safety implications when implementing your dress code – if required that employees wear certain shoes will they be more prone to slips and trips at work.
- Make reasonable adjustments for any disabled employee. For example, allowing comfortable clothing or not imposing a dress code where it is more onerous on a disabled employee.
- Allow transgender employees to follow the dress code in a way which matches their own gender identity. If there is a staff uniform they should be supplied with an option that suits them.
- Consult with employees, staff organisations and trade unions to ensure that the code is acceptable to both staff and the organisation.
- Be flexible and allow dress codes which incorporate religious symbols that do not interfere with an employee’s work. For example, although wearing a religious symbol on a chain may not be appropriate in a setting where it may become tangled in machinery, the same risk may not arise were the symbol to be worn as a broach or a pin.
- Communicate the dress code to all employees once it has been decided on.
Don’ts
- Don’t allow dress codes which will lead to harassment by customers or other staff members. For example, any requirement to dress in a provocative manner is unlikely to be lawful.
- Don’t impose dress codes where there is no equivalent for the other sex, for example requiring that female employees wear high heels where there is no restriction or similar equivalent imposed on male employees.
- Don’t treat one sex more favourably when implementing a dress code.
Debbie Fellows is a specialist Employment Law Solicitor. We are always delighted to talk without obligation about whether we might meet your needs. Call Debbie on 01382 229111 or email dfellows@thorntons-law.co.uk
