A dress code or uniform policy may not be something every organisation considers necessary to have in place. However, the fact is that the wearing of uniform or operation of a dress code in an organisation can throw up all sorts of issues for employers that can bleed into numerous other policies and procedures in any organisation. For example:

•  An employee posts on social media or attends a controversial protest/rally while in uniform which causes offense and damages the employer’s brand, while also giving rise to potential employee relations issues. A uniform policy may clarify that uniform is to be worn in work, and travelling to/from work only, and related social media policies may clarify that employees should not make or display references to their employer in any personal social media pages.
• The introduction of a more relaxed or casual dress code in the new hybrid working environment results in a number of persons wearing football shirts into the workplace or on video calls, which raises complaints from other employees that the wearing of items with potentially offensive badges or insignia is in breach of the company’s anti-harassment/dignity at work policy.

Even in the absence of a stand-alone uniform policy, these examples demonstrate that issues relating to uniform and dress code can impact on many other areas of employment policy.

The recent move to hybrid working has also thrown up many issues relating to dress code whilst home working and on the return to the office. Many readers will have heard of, or perhaps experienced first-hand, a lockdown zoom call where the caller was still in their dressing gown or perhaps in the middle of dying their hair.

In this month’s article we therefore set out some of the key considerations when implementing or reviewing a dress code or uniform policy.

Why have a workplace dress code?

Impressions made on clients and those outside your organisation are likely to be important so your company may wish to control, at least in part, the image presented by your organisation, particularly by those in customer facing roles. In some cases, this may go as far as having a specific branded uniform.

In an office environment you may not have previously felt it necessary to have detailed dress code guidance and may have opted for “business dress” or “business casual” as the standard for your organisation. As fashion at work has rapidly evolved, more flexible workwear options have replaced the previous standard corporate suit, and a sustained period of home working may have made casual attire more common. Whilst the dressing gown may not be so much of an issue for an internal colleague to colleague video call, an employer may be less than happy for employees to present such an image on external customer or client calls You may therefore feel it is time to revisit or introduce guidelines in line with the return to the workplace or new hybrid working practices. Empowering employees to decide what is appropriate for their role and who with or where they are working will likely be better for morale and retention.

Depending on the nature of your business, there may be health and safety reasons for imposing particular clothing or protective equipment requirements or restrictions around items such as jewellery or footwear. Your legal obligations to provide a safe working environment may therefore mean you need to be more prescriptive in certain environments, or outline policies for different teams or roles.

What to include in a dress code policy?

A dress code policy can provide the opportunity to set out some basic standards of appearance for your organisation. It can help set expectations for employees and managers, and where you have a designated uniform outline how it should be worn.

Even without a uniform you may wish to outline items that are not acceptable in your workplace including for example, torn or frayed clothing or items with offensive slogans, and a policy gives a place to do so.

A policy should acknowledge that appropriate religious and cultural dress is accepted unless it creates a health and safety risk.

As with any policy you should lay out who it applies to, who is responsible for the policy and any consequences of breaching the policy – you may decide to link this to your disciplinary policy – and how employees can discuss concerns with line managers or HR.

Equality considerations

As an employer you need to consider whether a dress code can be justified. A dress code can be a legitimate firm policy but it is important that equality considerations are carefully assessed. A dress code should take into account your legal obligations to make reasonable adjustments for employees with a disability, and to not discriminate on the basis of gender, race or religion.

In 2017, following an online petition by a receptionist who was sent home without pay for failure to comply with a dress code for wearing flat shoes rather than high heels, the issue of dress code and sex discrimination was the subject of a parliamentary inquiry. Following this, the Government Equalities Office published a guide in 2018 “Dress codes and sex discrimination – what you need to know”. It acknowledges that dress code requirements do not have to be identical for men and women, but advises against gender specific prescriptive requirements, such as a requirement to wear high heels. It also suggests that “any requirement to wear make-up, skirts, have manicured nails, certain hairstyles or specific types of hosiery is likely to be unlawful”. The guide also recommends that employees should be able to follow the code in a way which they feel matches their gender identity.

Employees may wish, or feel obliged, to wear certain items for religious reasons including, for example, hijabs, turbans, bangles or other jewellery. The same Government Equalities Office guide says employers should be flexible and “not set dress codes which prohibit religious symbols that do not interfere with an employee’s work.”

In Eweida v British Airways plc [2010] IRLR 322, a BA policy for its uniformed staff prohibited the wearing of visible jewellery and also stated that "any accessory or clothing item that the employee is required to have for mandatory religious reasons should at all times be covered up by the uniform", unless this is "impossible to do given the nature of the item and the way it is to be worn". This meant for example, hijabs or turbans were permitted, but religious jewellery such as a crucifix, for example, had to be hidden. Ms Eweida wanted to wear a cross visibly as a symbol of her Christian faith and claimed indirect discrimination. Although her claim was dismissed on the basis the policy did not place Christians at a particular disadvantage, and the tribunal’s decision was upheld by the Court of Appeal, the dispute attracted significant press coverage and BA later reviewed its policy.

Dignity at work

As an employer you will want to promote a harmonious workplace free from any intimidation on the basis of religious belief or political opinion. While this is important for employers everywhere, in Northern Ireland in particular some emblems and symbols have the potential to cause discomfort or offense in the workplace due to their historical significance, links to community conflict or association with particular beliefs or local politics.

The Equality Commission for Northern Ireland guide “Promoting a Good & Harmonious Working Environment” provides a list of emblems and symbols with the potential to cause disharmony which, although not definitive, has been informed by experience. The list includes, for example, some football shirts, badges linked to paramilitary or political organisations, and posters, emblems and tattoos linked to these. They also go on to acknowledge symbols such as individual marks of religious observance, for example, which are not likely to disrupt a good and harmonious working environment, or be regarded as creating an intimidating or hostile working environment.

Anticipating possible issues may help prevent problems or conflict before they arise. With the rise of casual dress in offices or remote working settings, employers should consider whether they wish to highlight or re-emphasise that football shirts, for example, as unacceptable attire.

Effective implementation

As with any policy we talk about in this feature, a consistent approach to the operation of your policy and ensuring it aligns with your other organisational policies is highly important. For example, we have previously highlighted how dress code measures could impact an employee experiencing menopause and the considerations we have outlined above may impact on your Dignity at Work policy, or any other firm policy which outlines your approach to bullying and harassment.

Consulting with employees can be a great way to empower them and develop standards that everyone embraces. Training line managers to handle issues appropriately and empowering them to feel they can uphold the policy too will also help any dress code be successful.