Release date: June 2003

Recent tribunal cases have highlighted the risks associated with enforcing dress codes at work. How can you ensure staff are dressed appropriately without exposing your business to a potential claim of unfair dismissal or discrimination?

Many businesses require their staff to dress in "an appropriate manner for work". This is obviously open to interpretation and therein lies the problem. Employers could face potential claims on the grounds of discrimination; sex discrimination and race/religion discrimination.

A potential sex discrimination claim would depend on whether any dress codes apply solely to one sex, and also on how any dress code is enforced. A potential indirect discrimination claim could arise in relation to race discrimination if the dress codes imposed adversely affect a particular racial group or religious group.

To minimise the risk of a claim by imposing a dress code, an employer should consider the following;

• Consider whether the dress code is really necessary.
• If the dress code is necessary, have some objectively justifiable reasons for it.
• Involve any affected employees in consultation leading up to a decision to implement a new dress code.
• Clarify exactly what is meant by phrases such as "smart", "appropriate" and "business like", with examples of expectations.
• Consider whether particular dress codes are only relevant to a specific work area or type of worker, for example, for health and safety reasons.
• Ensure that failure to follow the dress code is linked to your disciplinary procedure.
• Ensure that any policy is fairly and consistently applied to all workers that are affected by it.

Chris Wiper heads an experienced commercial team at Close Thornton Solicitors, providing practical and professional advice on a broad range of legal issues. This article is not intended to be an exhaustive statement of the law or a substitute for seeking specific advice. For further information please contact Chris Wiper on 01325 466461 or email chris.wiper@close-thornton.co.uk.

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