Dress for Success

With the British Summer time and typical unsettled Wimbledon weather upon us, we examine how employers can keep a handle on work related attire, aiming to strike a delicate balance between being overly prescriptive yet maintaining professional standards.

Discrimination issues

As evidenced by the much publicised case of G v Head Teacher and Governors of St Gregory’s Catholic Science College, the application of strict rules about appearances can be problematic. The High Court ruled the college acted contrary to laws prohibiting indirect race discrimination by having a uniform policy prohibiting boys from wearing their hair in cornrows.

The college argued that the pupil (an African-Caribbean) was unable to demonstrate a cultural or ethnic reason to maintain his hair in cornrows. The Court disagreed, concluding that whilst the aim of the uniform policy was legitimate the absolute ban on cornrows resulted in indirect discrimination which was not justified.

Policy

Some employers view a written dress code as essential, while others opt for a more informal approach and address any concerns on a case by case basis.

The extent to which, if any, a dress code is appropriate depends largely on the nature of the business, including relevant health and safety aspects and the degree to which employees are customer/client facing.

Formal dress code

Below are some factors to consider when implementing a dress code:

• What sort of image does the business wish to promote?
• Do dress requirements differ across different areas of the business?
• Are there occasions where “dress down” is permitted, if so when and does this require separate explanation?
• What are the ramifications of persistent failure to abide by the dress code - ultimately the business should reserve its right to take action under the disciplinary procedure.
• It is permissible to have different rules for men and women. However, rules should not be more stringent for one group than the other.
• Be aware of any rules which might cause issues of discrimination, for example around employees’ sex, race and religious beliefs.

Informal position

In the absence of a formal policy, employers may prefer to issue adhoc statements, at particular times of the year, setting out specific rules and policies. Often, a business wide communication can be an effective and more sensitive way to address the few problem cases. In addition, announcements sent to all employees should mean the employer is better able to defend itself against allegations of discrimination against particular individuals or groups.

Summary

Although not a new development, the St Gregory’s case (which follows others, such as the wearing of a cross necklace by a Christian worker) demonstrates that personal appearance will continue to feature in the Tribunals. This is particularly pertinent at present, given the recent advent of the Equality Act, which overhauled discrimination law across a wide spectrum.