UK Employment Law\ Employer & Employee\ Dress Code
Dress code
The Human Rights Act 1998 allows for the rights to privacy, freedom of religion and freedom of expression. This piece of legislation offers some protection for employees who do not meet ‘normal’ standards of appearance.
An employer must be sure he or she is not contravening the 1998 Act when making rules on how to dress in the workplace. Careful thought must be made on the following:
- equality;
- religion;
- gender;
- race.
In some cases, a worker may have their gender reassigned. Thus, following surgery, he may turn up at work as a female, or visa-versa.
Current statute makes dress codes equivalent for men and women. It is wrong to insist that a woman wears a skirt, or indeed a man wears trousers. It takes into account the social attitudes of the 21st century. Clothing linked to race or ethnic origin cannot be refused.
Dismissal
If an employee can prove that he or she is being dismissed because of unfair treatment under ‘freedom of expression’ then the case could end up in a costly tribunal. The court would need to consider whether or not there had been a violation of the freedom of expression.
Health and Safety
In some cases, an employer will insist on you wearing certain clothing for health and safety reasons.
There could be a case of keeping ties or long hair away from dangerous machinery or out of produce.
Some employers will provide you with a uniform so that health and safety are adhered to. Other employers will issue a uniform as part of a corporate image. You should make sure of any contractual terms about how such a uniform should be worn and what disciplinary action could be taken for failure to abide by the terms. Visible tattoos and piercings could prove offensive to some clients and customers, therefore you should check with your boss BEFORE you have one done.
Religion
The Human Rights Act gives a right to freedom of religion. However, employees should be aware that this gives no protection for clothing for religious reasons. The only exceptions are where a religious group is also a racial group. A good example is where followers of Islam also fall under an ethnic grouping. Rastafarians are not classed as a racial group. Some employers, such as police forces, will allow employees to wear turbans as part of a uniform.
Conforming outside of work time
Someone’s private and family life should be regarded as distinct from their working life. However, this can cause issues when an employee lives on site (oil platforms, hospitals, domestic staff). They may claim that restrictions on what they are allowed to wear, impinges on how they live their private life.
If you feel that you are being discriminated against because of any of the above issues, then you may be able to claim compensation. There is usually a greater chance of success in unfair dismissal claims when they are based on personal appearance.
We also have details on "dress down" days.
