Dress codes at work and where the law stands

Jan 30, 2017

Written By Ailsa Illingworth, Citation

Dress codes are a complex balancing act. Most working environments have and enforce some form of dress policy, but all too often both employer and employee fail to understand what their rights actually are.

This is a subject that’s been hitting the headlines very recently. A string of high-profile legal cases has sparked a huge discussion on where the line should be drawn between the right of an employer to demand a particular standard of presentation from their staff, and the right of an individual to express themselves.

What we choose to wear and how we modify our bodies is the most immediate, prominent and visual way of conveying who we are; but in the workplace we act as representatives of a business, and it’s reasonable for that business to ask employees to adhere to their image.

That right to express ourselves is already enshrined in law, both through the Human Rights Act 1998 and the Equality Act 2010. These set out the freedoms of thought, conscience, religion and expression; as well as protection from discrimination in the workplace – and this applies to dress codes.

So what happens when these protections clash with dress codes at work? Here are a few examples.

Nicola Thorp

What: Nicola Thorp turned up for her first day working as an office receptionist. Upon arrival, she was told she should be wearing high heels. She questioned why this was necessary and expressed she felt it was unfair, but was eventually sent home for refusing to do so.

Ruling: This scenario will soon be debated in parliament. MPs have already expressed that they agree more needs to be done to protect employees in situations such as this one.

Why: While a company is free to hold separate male and female dress codes, the law specifies that one gender should never face a greater burden than the other. If women are forced to wear high heels while men are allowed comfortable, more relaxed footwear; that’s discrimination.

Nadia Eweida

What: Nadia Eweida, a British Airways flight attendant, was told to remove a small cross she wore around her neck whilst at work. A practising Christian, she refused. She was then suspended from work temporarily.

Ruling: The European Court of Human Rights found her religious freedoms has been infringed upon.

Why: The right to express religion is protected by law. While British Airways argued the item didn’t fit the company’s image, it struggled to argue that it affected her ability to carry out her job. If they had been able to argue this – the outcome would have been very different. Employers are able to ban or restrict items if they can prove it impacts a member of staff’s ability to do their job safely and to standard.

Erin Sandilands

What: Erin Sandilands, while working for a local bistro, was told by her manager that she must untie her hair, wear more make-up and dress in a more revealing way to ‘please punters’. When she refused, she was told she would no longer be given shifts.

Ruling: The court ruled that Erin had been discriminated against.

Why: This was deemed to be discrimination on the grounds of sex, with the court claiming that such comments would not have been made to a male employee. It also ruled that she had been the victim of a degrading work environment. To ask staff to dress in a revealing or proactive way should never be a part of dress code policy – it is deemed to be exploitative and placing staff at risk.

As these examples demonstrate, what can and can’t go into a business’s dress code is a deeply complex issue. To help both employee and employer understand what their rights are, Citation have put together the following guide to help you get clued up on where the law stands on a number of common dress code issues.

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