Workplace Dress Codes
30 Apr 2009
In what circumstances could you be fired for your dress?
In most work places there will be an established dress code, whether in a written policy or through practice. This could be for professional, public or health and safety reasons. It would be advisable, before starting a new job, to check with your new employer from the outset what rules apply or what standards are expected.
Your employer could potentially dismiss you if you do not comply with its dress code although whether such a dismissal is fair will depend upon the extent to which you disregard any policy, the employer's reasons for imposing such a policy and possibly whether you have been warned on previous occasions.
What action should you take if you believe your company's dress code is inappropriate or sexist?
The first step should be to speak with your employer informally to resolve the matter. If informal discussions fail, you should register a formal complaint in writing under your employer's grievance procedure.
If the grievance procedure doesn't solve the problem then, depending on your circumstances, you could resign and claim that you were constructively dismissed. You may also have a claim for discrimination if, for example, any dress code treats you less favourably or harasses you on grounds of your sex or race. You would then have to pursue matters further through the employment tribunals.
Would a company legally have to have a written down dress code available to staff before someone could be warned or fired?
Ideally, a clear, written dress code should apply to create clarity between employers and staff as to what standards are expected and to avoid discrimination law pitfalls. However, it is not a legal requirement for employers to have written policies or guidelines on dress although without, an employer may find it more difficult to take disciplinary action.
Some minimum standards of personal presentation will be expected and, providing these are reasonable, an employee who is consistently unacceptably dressed is likely to receive little sympathy from a tribunal.
In most work places there will be an established dress code, whether in a written policy or through practice. This could be for professional, public or health and safety reasons. It would be advisable, before starting a new job, to check with your new employer from the outset what rules apply or what standards are expected.
Your employer could potentially dismiss you if you do not comply with its dress code although whether such a dismissal is fair will depend upon the extent to which you disregard any policy, the employer's reasons for imposing such a policy and possibly whether you have been warned on previous occasions.
What action should you take if you believe your company's dress code is inappropriate or sexist?
The first step should be to speak with your employer informally to resolve the matter. If informal discussions fail, you should register a formal complaint in writing under your employer's grievance procedure.
If the grievance procedure doesn't solve the problem then, depending on your circumstances, you could resign and claim that you were constructively dismissed. You may also have a claim for discrimination if, for example, any dress code treats you less favourably or harasses you on grounds of your sex or race. You would then have to pursue matters further through the employment tribunals.
Would a company legally have to have a written down dress code available to staff before someone could be warned or fired?
Ideally, a clear, written dress code should apply to create clarity between employers and staff as to what standards are expected and to avoid discrimination law pitfalls. However, it is not a legal requirement for employers to have written policies or guidelines on dress although without, an employer may find it more difficult to take disciplinary action.
Some minimum standards of personal presentation will be expected and, providing these are reasonable, an employee who is consistently unacceptably dressed is likely to receive little sympathy from a tribunal.
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