Reading: Employers could face action for telling female staff what to wear

Partner and head of Blandy & Blandy LLP’s leading employment law team Sue Dowling highlights new guidance on workplace dress codes

The Government has issued new guidance on workplace dress codes, entitled Dress Codes and Sex Discrimination: What You Need to Know, following recommendations made earlier this year.

The guidance outlines the extent to which employers can influence or enforce what employees wear to work and reiterates that similar dress codes must apply to both male and female colleagues. For example, the guidance states that 'Any requirement to wear make-up, have manicured nails, wear hair in certain styles or to wear specific types of hosiery is likely to be unlawful, assuming there is no equivalent requirement for men.'

Further, it is suggested that requiring female employees to wear high heels but not specifying footwear requirements for male colleagues may be viewed as direct discrimination.

A 2017 petition titled ‘Make it illegal for a company to require women to wear high heels at work’ obtained 152,420 signatures, resulting in the issue being debated in the House of Commons.

The Government response read: "This Government is taking action to remove the barriers to equality for women at work, which is why we are tackling the gender pay gap, increasing the number of women on boards, increasing support for childcare costs and ensuring employers are aware of their obligations to pregnant women.

"Employers are entitled to set dress codes for their workforce but the law is clear that these dress codes must be reasonable. That includes any differences between the nature of rules for male and female employees, otherwise the company may be breaking the law. Employers should not be discriminating against women in what they require them to wear."

Further, the Government said that the Equality Act 2010 was 'adequate' in tackling employers’ discriminatory practices. However, a parliamentary report earlier this year suggested that the Act was 'not yet fully effective' in doing so. Research has also suggested that such practices remain widespread.

Acas’ guidance says that employers can use a dress code to ensure that workers are safe and appropriately dressed but that any ‘rules’ must be reasonable and relate to the job role in question. It highlights that dress codes most not discriminate in respect of the Equality Act’s protected characteristics: age, disability, gender reassignment, religion or belief, sex or sexual orientation.

Employers are also expected to make reasonable adjustments for disabled employees regarding dress codes.

Blandy & Blandy’s leading employment law team advises both employers and employees on a wide range of issues, including employment policies and practices, diversity and equality, grievances and discrimination claims.

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