Office Dress Code: Employers’ Guide

Dress codes at work can be effective in ensuring consistency of service and to maintain high standards of appearance in the workplace.

Depending on your workplace environment, there may also be health and safety requirements to consider in relation to dress codes, and in customer-facing roles, such as retail and hospitality, the dress code can be important for branding.

However, any rules on attire at work should be applied consistently and employers must ensure that any dress code is not discriminatory or applied in a discriminatory way.

 

What does the law say about office dress code?

 

Employers have to be careful that dress code requirements do not discriminate against those with protected characteristics:

 

• Disability
• Age
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race
• Religion and belief
• Sex
• Sexual orientation

 

Religious discrimination

Employers cannot discriminate against someone’s religion by preventing them from wearing an article related to expressing their faith, unless there is good reason to do so and that the rule applies to all religious and political expressions.

 

Racial discrimination

Certain grooming and dress code requirements can unfairly affect members of certain races. Be sure that your dress code is nondiscriminatory.

 

Disability discrimination

You must try to reasonably accommodate an employee with a disability that makes it impossible for the employee to conform to the personal appearance standards.

 

Sex discrimination

You can generally require different rules for women and men as long as the policy does not do any of the following:

 

• inhibit equal access to employment opportunities between men and women
• attempt to deny employment to a particular sex
• give a significant employment advantage to either sex

 

If you have a dress code rule that applies to all employees, it must be enforced consistently for all employees. For example, if female employees are allowed to wear ponytails and earrings while the men are not, even though the company rule banning earrings and ponytails applied to all employees. If a rule applies to all, the employer must enforce the rule equally.

 

Sexual harassment

It is possible that the way in which you communicate your dress code, or violations of it, may constitute hostile environment sexual harassment.

For example, the circulation of a memo among management staff that detailed inappropriate employee attire and named the employees who had worn such clothing, along with the resulting offensive jokes about the memo contents, created an abusive working environment.

 

Implement an office dress code policy

 

As the employer, you have the authority regulate dress in your workplace and to establish or to change required dress codes. So, if you want to have a written policy on this issue, the following is the information to consider including in your policy:

 

• Address probable areas of conflict and specific problem areas that have or are likely to occur in your particular business.
• Emphasise the importance of dress in promoting a positive company image to customers.
• Keep up with the times so that your business’s view of what is appropriate for business dress stays current.
• Identify any exceptions. It may make good business sense to prohibit casual dress when employees meet customers face to face. There may be work areas within your company where the casual day attire must be dressier than in other areas. Carefully itemize the differing requirements to avoid any confusion and explain why there are differences.
• Never assume that your definition of terms such as “proper,” “pressed,” “reserved,” and “appropriate” is shared by every individual who works for you.
• In the event that you are writing a “dress down” policy or amending your existing dress policy to cover casual dress, stress that a “casual day” or “dress down day” is a benefit, not a right.
• If you are introducing “dress down” days or modifying an existing dress policy, set a future date — such as three months later —to review the policy to determine if you are going to continue the practice.
• If employees consistently have trouble determining the appropriate dress and they are in positions where they deal with the public, you may want to provide them with uniforms.

 

In addition, the following is a list of some specific fashion-type of problems that you may wish to address in your dress code:

 

• Slogans or pictures on T-shirts. Certainly profanity and nude or semi-nude pictures printed on shirts are inappropriate attire in most workplaces and should be prohibited. Also consider whether political slogans, advertisements for products (which may include your competitors’), or suggestive cartoons or drawings are inappropriate for your work site and should be prohibited.
• Torn pants or jeans. While this style of clothing may be fashionable among some, to many others, tears in clothing are unacceptable attire and are inappropriate in most workplaces. Does your policy distinguish between this fashion trend and acceptable casual pants and jeans?
• Extremely baggy shorts or pants. Also consider what to do if underwear is showing above baggy pants as is currently fashionable in some areas. Does your policy specify how these situations will be handled as well as prohibit this style of dress?
• Jeans, jogging suits, or sweatsuits. For many companies, dress down attire does not include the most casual attire that is available. If your business is one for which “casual dress” means no tie and a sports coat instead of a three-piece dress suit and wingtips, you must make that distinction clear. Does your policy clearly describe what “casual” is and when it is unacceptable?
• Revealing attire. Clothes such as shorts, crop tops, tank tops, and clothes made of see-through materials or clothes that expose areas of the body usually covered in the workplace are more popular during the summer months. Is this attire prohibited?
• Undergarments. If the observable lack of undergarments would be an issue, specify that proper undergarments are required. Although this is a sensitive issue, it is much easier to address it in a policy than to have to debate whether or not someone’s attire is inappropriate or disruptive.
• Loose footwear such as flip-flops. In some workplaces, a loose shoe may pose a safety hazard. Platform shoes may also pose a safety risk. Investigate any safety prohibitions and determine whether this type of footwear is permitted according to the dress policy.
• Hosiery. In some work sites, proper footwear always includes socks or other hosiery. Other workplaces may require socks for health or safety reasons. Be sure a hosiery requirement does not interfere or conflict with safety requirements.
• Hats or baseball caps. In addition to writing on hats and caps that may be objectionable, consider whether a hat could be a hazard as well.
• Gang attire. Some street gangs have specific symbols, phrases, or insignias that are worn by members, while other gangs rely on specific colors as a part of their regalia. You may want to consider prohibiting gang insignias since they may create problems between employees and between employees and customers.

 

Handling office dress code issues

 

Handling dress code violations can be a sensitive issue. Have any complaints alleging an improperly dressed employee directed to an appropriate supervisor. Then take the following steps:

 

• You should then observe the employee. If you find that there is no issue, you should advise the individual who raised the issue that the employee’s dress is not inappropriate.
• If you feel that there is a problem with the way the employee is dressed, you should address the issue with the employee in private. Don’t challenge the employee’s taste or fashion sense. Rather, explain what is unacceptable about the employee’s attire according to the policy standard and determine whether you want the employee to go home to change clothes. See if there are ways to allow the employee to come into compliance with the dress code without going home. Make it an informative discussion, not a critical one. For example, if the issue is a T-shirt that has an offensive or inappropriate slogan or picture, the employee could turn the shirt inside out and return to the work site. Or perhaps the employee could wear a sweater or jacket over the T-shirt to cover the offensive slogan or picture.
• If the majority of employees can go home, change clothes, and return within a short period of time, the policy should encourage this type of cost-conscious behavior. For the first situation requiring the employee to go home and change, you might want to consider paying normal wages and transportation costs, if any.
• If the employee cannot go home and return within a reasonable amount of time, decide whether to send the employee home with or without pay for the remainder of the day or allow that employee to remain at work.
• If an employee comes to work improperly dressed several times over a relatively short time frame, consider documenting the behaviour and using your internal disciplinary system as you would with any other nonthreatening policy violation.

 

What are the benefits of having an office dress code?

 

There are many legitimate reasons why you might want to consider imposing a dress code on your employees, ranging from health and safety (eg requiring hair to be tied back or covered in a kitchen) to helping you to communicate your corporate image.

 

Can employers impose an office dress code?

 

You are allowed to enforce a dress code in the workplace to ensure that employees are dressed appropriately so long as it doesn’t unlawfully discriminate against anyone. This means that it must not unfairly affect an employee unless you can show that the requirement is a proportionate means of achieving a legitimate aim.

 

What do I need to consider when developing a dress code?

 

Though corporate image may be important to you when devising your dress code, the health, safety and comfort of your staff is paramount. You must also take into consideration any potential religious and ethnic sensitivities.

 

Can you have different dress code requirements for men and women?

 

You can have different requirements for men and women, providing that those differences are not to the detriment of one gender. It is not discriminatory, for example, to require men to wear a tie providing that women are required to meet a comparable standard of smartness.

 

Must I have different dress code requirements for different religions?

 

The requirements of your dress code must relate to the job and be reasonable in nature. If you ban an item of religious dress, you must be able to justify your reasoning by demonstrating that the restriction is connected to a real business or safety requirement.

 

How should I communicate my dress code policy?

 

Dress codes should be written down in a policy and communicated to all staff so that they understand what standards are expected of them. As with all employment policies, you should review your dress code regularly, including revisiting whether its objectives are still relevant. Include within your policy the circumstances in which adjustments can be made, for example, for disabled employees.

Generally, the more flexibility that you can allow into your dress code while still achieving your objectives, the less likely it is that any problems with it will arise.

 

What are the penalties for employers whose dress code falls foul of the law?

 

Employees who feel that the dress code unfairly discriminates against them may decide to bring a claim against you. Where that employee succeeds at a Tribunal, financial compensation may be awarded largely on the basis of injury to feelings; if the employee has been dismissed or resigned and succeeds in a claim for constructive unfair dismissal, any award could include an element for loss of earnings too.

 

Need Assistance?

 

DavidsonMorris are specialists in all aspects of workforce management and workplace policies. If you would like assistance in drafting, reviewing or updating a dress code related policy, please contact us.

 

Dress Code at Work FAQs

 

What is the dress code for work?

Workplace dress codes typically require business professional attire, but most organisations will have their own dress code policy which should be adhered to.

 

What should be included in a workplace dress code?

A workplace dress code should outline the expected attire for employees, taking into account the nature of the business, health and safety requirements, and legal obligations. It should be clear, fair, and inclusive, covering various aspects such as appropriate clothing, footwear, grooming standards, and any industry-specific guidelines.

 

Can a manager tell someone how to dress?

Employers can enforce a dress code at work, provided it is not discriminatory.

 

Why is dress code at work important?

Dress codes at work can be used to promote a professional image of the organisation as well as to ensure compliance with health and safety regulations.

 

How can we ensure our dress code is inclusive?

To ensure inclusivity, avoid language that imposes gender-specific clothing requirements. Consider cultural and religious attire, and provide reasonable accommodations where necessary. Engage with employees from diverse backgrounds to gather feedback and ensure the dress code respects everyone’s rights and preferences.

 

Can an employer enforce a uniform policy?

Employers can enforce a uniform policy as long as it is reasonable, clearly communicated, and compliant with UK employment laws. It’s important to consider the impact on employees, including the cost of the uniform, and ensure that the policy does not discriminate against any protected characteristics.

 

What should we do if an employee refuses to comply with the dress code?

If an employee refuses to comply with the dress code, it’s essential to first understand their reasons. There may be valid concerns related to comfort, religion, or other factors. If no reasonable accommodation can be made, and the dress code is necessary for the role, you may need to follow your disciplinary procedures, ensuring any action taken is fair and consistent.

 

Is it legal to have different dress codes for men and women?

While it is legal to have dress codes that apply differently to men and women, the differences must be equivalent and not place a greater burden on one gender. Employers should aim for gender-neutral policies where possible to avoid potential discrimination claims.

 

How often should a workplace dress code be reviewed?

A workplace dress code should be reviewed regularly, at least once a year, or whenever there is a significant change in the business environment, legal requirements, or cultural trends. Engaging with employees during these reviews can help ensure the dress code remains relevant and fair.

 

Can employees be required to cover tattoos or remove piercings?

Employers can require employees to cover tattoos or remove piercings if it aligns with the business’s image or safety requirements. However, such policies should be clearly stated in the dress code and applied consistently. Consideration should be given to personal and cultural reasons behind tattoos or piercings before enforcing such rules.

 

What are the legal implications of dress codes in the UK?

In the UK, dress codes must comply with the Equality Act 2010, ensuring they do not discriminate against employees based on protected characteristics such as age, disability, gender reassignment, race, religion or belief, sex, and sexual orientation. Employers should also consider health and safety laws when setting dress codes.

 

Glossary

 

Term	Definition
Dress Code	A set of guidelines or rules outlining the expected attire for employees within a workplace.
Equality Act 2010	UK legislation aimed at protecting individuals from discrimination based on certain characteristics.
Formal Dress Code	A dress code requiring employees to wear formal attire, such as suits, ties, or formal dresses.
Business Casual	A relaxed version of formal business wear, allowing for more comfortable yet still professional attire.
Casual Dress Code	A dress code allowing for more informal and comfortable clothing, often applicable in creative industries.
Uniform	A specific set of clothing provided or required by the employer, often with branding or standardised colours.
Inclusion	Ensuring that the dress code considers and respects diverse cultural, religious, and personal preferences.
Gender Neutrality	An approach where the dress code does not prescribe different attire for different genders.
Discrimination	Unfair treatment of individuals based on characteristics such as gender, race, religion, or disability, prohibited by law.
Health and Safety	Regulations and practices aimed at ensuring the safety and wellbeing of employees, sometimes affecting dress codes.
Protected Characteristics	Attributes such as age, disability, gender reassignment, race, religion or belief, sex, and sexual orientation, protected under the Equality Act 2010.
Reasonable Accommodation	Adjustments made by an employer to accommodate an employee’s needs, often related to disability or religious practices.
Disciplinary Procedures	The process followed by an employer to address an employee’s breach of company policies, including dress code violations.
Cultural Sensitivity	Awareness and consideration of different cultural practices, especially in relation to dress and appearance.
Tattoo Policy	Guidelines regarding the visibility of tattoos in the workplace, often included in a dress code.
Piercing Policy	Guidelines regarding the wearing of visible piercings at work, which may vary depending on the workplace.
Compliance	Adherence to laws, regulations, and company policies, including those related to workplace dress codes.
Legal Precedents	Previous court cases and decisions that influence how laws, such as those related to dress codes, are interpreted and enforced.
Employee Engagement	The process of involving employees in decisions that affect them, such as the development of a dress code.
Uniform Allowance	Financial compensation provided to employees to cover the cost of purchasing required uniform items.