what not to wear: dress codes and discrimination - employment webinar - james tait and sarah hooton...
TRANSCRIPT
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What not to wear: dress codes &
discrimination webinar – July 2016
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What not to wear
dress codes and discrimination
Connect with James
+44 (0)121 237 3999
Connect with Sarah
+44 (0)115 976 6033
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Dress codes –
why?
• to ensure that employees
are dressed smartly to
convey a corporate image
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Dress codes –
why?
• to ensure that a uniform is
worn
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Dress codes –
why?
• to comply with health and
safety requirements
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Dress codes –
why?
• risks?
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Equality Act 2010 Statutory Guidance
Any policy must:
– apply to all employees equally
– not adversely impact one protected group more than
others, unless justified as a proportionate means of
achieving a legitimate aim
• policy must be applied consistently
• difference in treatment will inevitably lead to a
challenge
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The starting
point - Smith v
Safeway (1996)
Different requirements for
men and women will not
amount to sex discrimination
if:
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The starting
point - Smith v
Safeway (1996)
• the dress code applies a
conventional standard of
appearance
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The starting
point - Smith v
Safeway (1996)
• taken as a whole, rather
than item by item, neither
gender is treated less
favorably in enforcing that
principle
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The starting
point - Smith v
Safeway (1996)
• approach should be
applied to both dress and
other characteristics such
as hairstyles
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Transsexual
employees
• dress codes should seek to
avoid gender stereotypes
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Transsexual
employees
• transsexual employees
may dress consistently in
accordance with their full-
time gender presentation
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Transsexual
employees
• transitioning employees?
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Religious clothing
• clothing may be associated with religious beliefs
• proportionate means of achieving a legitimate aim?
• need to balance employer’s aims in having a dress
code against the impact on the employee
• consider religious sensitivities when formulating or
enforcing a dress code
• ACAS guide on dress codes – “Employers are advised
to tread cautiously in this area…”
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Tattoos and
piercings
• approximately 1 in 5
people now have a tattoo
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Tattoos and
piercings
• 1 in 10 people are
believed to have a
piercing somewhere other
than their ear
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Tattoos and
piercings
• not a protected
characteristic – no
discrimination provided
policy is applied equally
to men and women
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Tattoos and
piercings
• religious tattoos or
piercings?
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Tattoos and
piercings
• customer facing roles only
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Hair, jewellery &
make-up
• distinguishing between
permissible length of hair
for male and female staff
is not discriminatory on
the grounds of sex
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Hair, jewellery &
make-up
• if working in food
preparation, hygiene is
important - but consider
particular religious groups
and their specific religious
practices
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Hair, jewellery &
make-up
• religious jewellery
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Dress-down
days
• casual Fridays should be
clearly defined
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Dress-down
days
• duty to protect employees
from harassment so take
account of slogans or
images that may appear
on casual clothing that
could cause offence
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Dress-down
days
• retain formal dress for
client engagements
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Introducing a dress policy
• good practice – but not mandatory - to consult with trade
unions or employee representatives
• ensure proper communication with all employees
• policy should strike a balance between the requirements of
the particular industry as well as the employee’s personal
freedom to present their own appearances
• requirements should be based on the duties of the job and
the nature and circumstances of the employment.
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Good practice tips
• ensure that the dress code is communicated to employees
effectively
• provide reasons why the requirements are in place
• ensure that an employee who is in breach of the dress code
fully understands what the issue is and how it can be fixed
• ensure that you are consistent in all aspects of the dress
code
• consider any reasonable adjustments where necessary
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Stated principles of the policy
Need to implement the policy evenly
Justify the action in the event of a
discrimination claim
Consider enforcement action
Enforcing a dress code
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Enforcing a dress
code
• the more detailed the
policy, the greater the
policing required to
enforce it
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Enforcing a dress
code
• always enforce the policy
equally and fairly
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Get in touch
get in touch with any questions
Connect with James
+44 (0)121 237 3999
Connect with Sarah
+44 (0)115 976 6033