You might think that your dress code is the easiest policy to throw together
But implementing this policy and the general attitudes towards dress in the workplace are a different kettle of fish.
Recently, a teenager who was asked to wear a skirt and makeup to work has won £3,500 after a discrimination tribunal.
The dress code at this particular place of work was only that employees needed to wear black and didn’t specify that female employees had to wear makeup or skirts. The comments made by the employer amounted to sex discrimination, as the comments would not have been made to a male employee.
But even if a place of work does have a policy that specifies a strict dress code that applies to female employees, they can still appeal under The Equality Act. Such was the case for a disgruntled worker that collected almost 150,000 signatures to ban employers forcing female employees to wear high heels. Nicola Thorp, started the petition after she turned up to work in flat black shoes and when she refused to go and buy high heels, was sent home without pay.
A former cabin crew member added to the joint inquiry held by the House of Commons Petitions Committee and Women and Equalities Committee, about how she was forced to wear a skirt, high heels and there were also rules on makeup and nails.
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It is of course perfectly acceptable to enforce a dress code but there are some points to keep in mind:
- Consider why you need a dress code, because you are projecting your company values not just to clients but also to your future talent. Relaxed dress codes are becoming more and more common practice, so ask yourself if you really do need one.
- In the same vein, do not enforce unnecessary our outdated dress codes. There isn’t a legal restriction against women wearing high heels at the moment, but the two stories above highlight how that doesn’t mean diddly in this day and age!
- Make sure your dress code applies to both male and female employees. If female employees need to dress smart, so do the chaps.
- Make your guidelines clear and explain why they are in place. The chances of misunderstandings or disgruntled staff will be less likely.
- Consider your approach to any dress items that are worn for religious reasons. If there isn’t a health and safety reason behind a restriction, this will be harder to justify should a discrimination claim arise.
- On top of this, don’t single out a group or religion that has protected characteristics under the Equality Act 2010. This can be in relation to wearing a Cross a veil or having piercings.
- Be open and talk about any dress code issues before jumping to a disciplinary. There might be a good reason behind an employee not following the rules and it might bring to light new considerations for outdated policies that you didn’t think of before.