Dress Codes in the Workplace

As an employer, you may decide that it is appropriate for your staff to comply with a particular dress code or even a uniform at work. You may believe the dress code better represents your business brand or is necessary to ensure the safety of your workers. If so, you may find that some employees object to the dress code policy for various reasons. This article will set out the key points you should consider when setting dress codes in the workplace. 

What Is a Dress Code Policy?

A dress code policy in the workplace forms part of your employee policies and details how your employees should dress while they are in the workplace or otherwise on the job. 

You may have various reasons for wanting to implement dress codes in the workplace. For example, the dress code may influence your corporate branding. Alternatively, it may be for health and safety reasons or simply to allow your staff to identify each other quickly.

Examples of dress codes are:

• ensuring long hair is tied back;
• the use of protective clothing when carrying out hazardous work; and/or
• smart wear such as suits or typical formal office wear.

Although they are often referred to interchangeably, a dress code and a work uniform can differ. For example, if you ask your staff to wear black trousers to work, this can be a dress code, but if you ask them to wear a T-shirt with your brand logo, this can be a uniform.

Dress Codes and Unlawful Discrimination 

As an employer, you are not legally required to have a dress code or work uniform in your workplace. There is no specific work uniform or dress code law in the UK. However, legal rules may govern your dress code policy if you insist on a uniform or set dress codes at work. 

Suppose you require your staff to adhere to a specific dress code at work or during working hours. In that case, you must ensure that the dress code is reasonable and does not discriminate against your staff based on the nine protected characteristics. These are:

• race;
• sex;
• sexual orientation;
• age;
• pregnancy and maternity;
• disability;
• marriage or civil partnership;
• religion or belief; and 
• gender reassignment.

Below are some examples of where a dress code policy may be unlawful:

• obligating your female employees to wear something different than your male employees — the work uniform must apply to both men and women equally;
• where you have an employee with a disability, failing to make a reasonable adjustment to your work uniform where necessary; and
• where the dress code policy conflicts with an employee’s religious belief. 

Dress Codes and Health and Safety 

As an employer, you have a duty of care regarding your employees’ health, safety, and well-being while at work. When requiring your staff to wear a specific work uniform or abide by a dress code, you must ensure that it does not compromise their health and safety. 

Paying for Uniforms at Work

If you require your staff to wear a uniform at work, you legally have to pay for this unless you need them to wear it because it is a Personal Protective Equipment (PPE). PPE is a legal requirement now for all people working for you where there is a health and safety risk, rather than just for your employees. Where your dress code is in place due to PPE, the following applies:

• you are not legally entitled to request payment for the uniform; 
• your staff must return the uniform when they leave employment with you; and
• subject to the terms of any employment contracts, you may be entitled to deduct the value of any unreturned PPE from their wages. 

Funding Uniforms

If you do not intend to pay for your workers’ uniforms, you must state this in your employment contract. Otherwise, you cannot deduct wages from employees your staff to pay upfront or allow salary deductions. 

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You must not reduce staff salaries to a level below the National Living Wage or the National Minimum Wage.

Drafting a Dress Code Policy

Your dress code policy should be clear and in writing, as with any aspect of your workplace policies. The law generally presumes that employees should comply with your company policies, including your dress code policy unless they have a legitimate reason otherwise. 

Here are some points to include in your dress code policy:

• the purpose of the policy (e.g. to promote the company brand or for health and safety);
• who your dress code applies to (e.g. to customer-facing roles only);
• specific details about the dress code (e.g. suit and tie or equivalent); and 
• any consequences for failing to comply with the policy.

As with all your workplace policies, your dress code policy should be communicated to your staff and be easily accessible. 

Addressing Specific Dress Code Challenges

While implementing a dress code can seem straightforward, you may encounter specific challenges that require careful consideration:

1. Religious Accommodations: Be prepared to make reasonable adjustments for employees’ religious beliefs;
   
2. Gender-Neutral Policies: Ensure your dress code is gender-neutral to avoid sex discrimination claims. Instead of specifying different requirements for men and women, consider using general terms like “professional attire” or “business casual”;
   
3. Tattoos and Piercings: If your policy restricts visible tattoos or piercings, apply it consistently and be prepared to justify why it’s necessary for your business;
   
4. Casual Fridays: If you implement casual dress days, clearly outline what is and is not acceptable to avoid misunderstandings; and
   
5. Remote Work Considerations: In the era of video calls, you may need to address dress code expectations for remote workers during virtual meetings.

Balancing Professionalism and Individuality

While maintaining a professional image is important, consider allowing flexibility in your dress code to respect individual expression and boost morale. This could include:

1. allowing casual attire on certain days or for specific departments that do not interact with clients;
   
2. permitting tasteful, personal accessories that do not interfere with work duties, health & safety and are not offensive;
   
3. implementing a “business casual” dress code instead of a more formal one, if appropriate for your industry; and
   
4. regularly reviewing and updating your policy to ensure it remains relevant and inclusive.

Remember, the goal of a dress code is to create a professional, safe, and cohesive work environment. By balancing employee comfort and expression, you can make a policy that benefits your company and staff.

Key Takeaways

You may want your workers to adhere to a specific dress code at work. This could be for different reasons, such as health and safety, or to promote your corporate branding. There is no particular law on dress code at work, but many laws affect this, so you should ensure you are aware of them. For example, where your workers require PPE, this must be provided at your expense. Also, it is unlawful if your dress code discriminates based on any of the nine protected characteristics.  One example would include a dress code that is not flexible enough to accommodate religious dress. 

If you need help understanding what you need to know about requiring staff to wear dress codes, our experienced employment lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. So call us today on 0808 196 8584 or visit our membership page.

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