An employer is permitted to impose a dress code in the workplace. However, the requirements of this dress code should be fair, proportionate and non-discriminatory.

In terms of proportionality, any requirements of the dress code should be strictly necessary having regard to the functions undertaken by the employee. This means that there should be fair and clear reasons for any requirements. In terms of being non-discriminatory, the dress code should not directly discriminate against an employee nor indirectly discriminate against an employee unless the requirement can be objectively justified.

While the dress code should apply a comparable or equivalent standard for all staff, it is possible to impose different requirements for men and women. When deciding on a workplace dress code, employers should be particularly alert to the risk of indirect discrimination based on religious belief. People of certain religious beliefs may have genuine religious reasons for wearing a particular item of clothing, such as a crucifix or hijab. A dress code that prevents the wearing of these items could well be found to be indirectly discriminatory unless the requirement is connected to a real business or safety need and is capable of objective justification.

Legal Island Training Resources for Your Staff

Diversity & Inclusion - The Importance of Conscious Inclusion | eLearning Course

Are you responsible for overseeing the implementation of training for all employees on diversity and inclusion policies in your organisation?

Legal Island’s Diversity & Inclusion - The Importance of Conscious Inclusion eLearning course will help your staff understand the importance of inclusive behaviour in the workplace and the value it brings to both your staff and your organisation. This course is tailored specifically to your jurisdiction and provides comprehensive compliance training for all employees within your organisation.

Click here to view our course on Diversity and Inclusion in the workplace.