Don't let a dress code land you with a law suit

Is it acceptable for a businessman to wear shorts to the office? Or what about flip flops in the boardroom? With temperatures soaring these could be issues employers might be facing this summer.

Unless you’re selling ice creams, heatwaves in the workplace aren’t much fun. And, while many offices now have air conditioning to make things more comfortable, what is and what isn’t acceptable dress during unusually high temperatures is a perennial issue.  Employers will be glad to hear that there are no specific regulations for dress codes. However, it is important when imposing a dress code to avoid falling into the clutches of the sex and race anti-discrimination legislation.

In the past discrimination claims have been made against employers who insist that women wear skirts and that men conform to a traditional collar and tie dress code.  These claims have ultimately failed and the evidence suggests that tribunals are now prepared to allow common sense to prevail.  Different treatment is not necessarily less favourable treatment and therefore discriminatory.  So while city shorts are now an office staple for women, men wouldn’t necessarily be able to claim the same right.

So as long as you are being fair to everyone and your policy remains gender neutral, you can insist on dress appropriate for your particular workplace. Employees for example have no legal right to display body piercings or tattoos in the workplace and they can be disciplined for inappropriate dress or, in the case of men, hair which is too long.  This is true whether a dress code is adopted for health & safety reasons or where it is adopted to convey a certain company image. Depending on your line of business you may want to consider insisting on a more formal dress code, such as the wearing of ties or jackets.  On the other hand, if you are in the IT business, torn jeans and scruffy trainers may be the order of the day.  In any event, employers may find that introducing a dress down day does wonders for office morale and encourages staff to socialise with one another after work.

Whatever the weather, there may be no escape when it comes to the dress code debacle. Employers may note that the last TUC conference backed a motion calling for employers to carry out risk assessments on women wearing high heels at work.  This appears to be as a result of the Society of Chiropodists and Podiatrists saying that two million days are lost each year due to lower limb and foot-related problems caused by high heels.  Well, I suppose that health and safety had to rear its head again somewhere!

If you require any advice on dress codes, discrimination or any other employment law related matter, please contact Katy Adcock on 01223 417200

The information given in this article is of a general nature only and should not be considered as advice applicable to any particular situation for which specific request should be made to us.

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