Dress codes are becoming a more common and controversial topic of conversation in the workplace. Last year PwC in the UK found itself in the headlines in relation to a temp agency sending their employee home because she was not wearing heels on the client site. This led to national outcry in the UK and a parliamentary debate. The recent ECJ ruling on the banning of headscarves by employers has also garnered a lot of attention. The ruling is not an absolute right on employers to ban employees from wearing headscarves despite what some media outlets are stating. Such a dress code policy and ban may only occur in certain limited circumstances. The case in question related solely to a customer facing role and the employer in question had a ‘neutrality’ policy that impacted all employees equally. An employer will still need to be able to objectively justify such a policy. Under the Employment Equality Acts 1998-2015, an employer cannot have provisions or practices which are either directly or indirectly discriminatory on any of the 9 protected grounds. These grounds include gender and religion which are the most common grounds for disputes on dress codes to arise. Employers must ensure that dress codes do not treat people less favourably in respect of any of the 9 grounds. Dress codes should be proportionate and consistent. If a particular direction is required that might impact one group more than another then there must be a clear objective justification for the direction and it must be applied consistently. This could include, for example, a health and safety issue regarding jewellery in a manufacturing environment.

So what should employers do? Review your dress code to make sure it is still appropriate and has moved with the time. Make sure it doesn't include anything that could be construed as discriminatory. If there are certain health and safety concerns that require a specific dress code then make sure the dress code clearly explains the reasons why and consider if a compromise position is possible.

With this in mind, this quarter Linda has prepared a handy checklist of items for employers to consider when implementing or reviewing a dress-code: