News Article

The Government Equalities Office has now published long- awaited new guidance on dress codes and sex discrimination. What’s its legal status and is it worth a read?

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It is non-statutory and needn’t be taken into account by employment tribunals; it’s simply aimed at assisting with your understanding of the law.

Summary

• A workplace dress code is a set of standards that employers develop about what is appropriate for employees to wear to work.

• Dress codes can be a legitimate part of an employer’s terms and conditions of employment.

• Dress policies for men and women do not have to be identical, but standards imposed should be equivalent. Dress codes must not be a source of harassment by colleagues or customers, for example women being expected to dress in a provocative manner.

• It is best to avoid gender specific prescriptive requirements, for example the requirement to wear high heels. Any requirement to wear make-up, skirts, have manicured nails, certain hairstyles or specific types of hosiery is likely to be unlawful.

• Consulting employees and trade unions over any proposed dress code or changes to an existing code will help ensure that the code is acceptable to both the organisation and its staff.

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