Dress and appearance causes controversy
Dress and appearance at work is in the news again. The Olympic Games has thrown up an unlikely controversy involving the BBC Sports presenter, Helen Skelton. Her own attire attracted a high volume of complaints from viewers even thought she was presenting a broadcast from the swimming venue. Where, by definition, competitors wear very little clothing.
The 33-year-old had chosen to wear a skimpy dress and was seated for the transmission with her fellow co-host, retired swimmer Mark Foster. Mark was also wearing short shorts. Many fans however have criticised Ms Skelton, with some believing she was not properly dressed.
One viewer tweeted, “Helen Skelton must be going clubbing after this with that dress on”. Another added, “The @BBCSport presenter #HelenSkelton needs to wear appropriate clothing to present swimming. Many people don’t want a nightclub mini dress #bbc”.
So what is the general rule in relation to appropriate attire when at work? Dress codes are often used in the workplace and there are many reasons why an employer may choose to have such rules in place. These include:
- Wearing a uniform to display a corporate image
- Ensuring that customers can easily identify members of staff
- Requiring or disallowing certain items of clothing for health and safety/hygiene reasons
- General judgments relating to what is deemed appropriate in the workplace
- Introduce a dress and appearance policy
Employers are recommended to introduce a dress and appearance policy. This will set out the stance on what constitutes a reasonable standard of dress and appearance for the organisation (this can be included in the induction). Employers must avoid any unlawful discrimination in any dress code policy. Such dress codes must apply equally to both men and women, although they may contain different requirements. Also, reasonable adjustments must be made, where appropriate, for disabled people when dress codes are being enforced.
Employers will commonly adopt a more casual approach to dress during the summer, but this may vary depending on the type of business. Some employers may require their staff to wear business-like dress all year round because of the nature of the work. For example employees who are “customer facing” and who meet with clients may need to maintain a certain consistent standard.
This can also mean that employees are asked to remove piercings or cover tattoos while at work, or even to amend their hair styles. Employers may consider that they have a reasonable business reason for this, especially when employees are serving customers.
However, if employers wish to cover issues around religious dress within their policy, they should tread cautiously in this area as they should allow groups or individual employees to wear articles of clothing and other items that relate to and reflect their religious faith. Employers who decide to ban such items should ensure they are not indirectly discriminating against these employees and will need to justify the reasons for such a decision. Any such restriction should always be connected to a real business or safety requirement.
So, if you wish to introduce and implement rules on dress and appearance within your organisation, including in relation to hair styles, make sure the following is noted:
- Non-discriminatory in their content and application.
- Consistent approach across the organisation.
- Can be justified for sound business reasons.
- Sensitively discussed with any employees who may breach the rules.
- Taken seriously, particularly if any complaints are received concerning an individual employee.
- Are discussed initially with the purpose of giving employees a period of grace to change their dress or appearance before any related disciplinary action is taken.
- Ensure that potential breaches are dealt with immediately, particularly if there is a health and safety risk attached to the particular issue e.g. long hair being worn near to machinery.
- Make clear that a persistent refusal to comply with reasonable requests to alter dress and/or appearance can ultimately lead to disciplinary action, and ultimately dismissal.
Recent case law has once again emphasised the importance of balancing the reasonableness of a request to an employee to alter their dress or appearance with the genuine impact of the situation on the image or performance of the business. Employers will always be required to point to objective business reasons to support the request being made.
Contact Quest for help and guidance on any related concerns or issues that you may have within your business.
