Company dress codes – new guidelines released by the Equalities Office

On 17 May 2018 the government Equalities Office introduced updated guidelines for employers who set dress codes for their employees.

The matter of dress codes and discrimination has long been rumbling in the background but came to the public’s attention after Nicola Thorpe, a receptionist working for a temping agency, was sent home after arriving at the office without high heels.

The launch of the new government guidelines came about following a joint report by the Women and Equalities Committees on 25 January 2017 which called for urgent action. The guidance, titled: Dress codes and sex discrimination – what you need to know, provide more detail on the type of policies employers can impose on their staff with regards to what they wear to work.

Dress codes can be a legitimate part of an employee’s terms of employment. Controversial, gender related requirements included in a company dress policy are likely to be unlawful. For example the requirement for women to wear makeup, high heels, any item of tight fitting or revealing clothing or any other expectation to dress in a provocative manner. Dress codes for male and female employees don’t have to be identical, but standards imposed should be equivalent. Dress codes must not discriminate between men and women (eg. allowing both men and women to wear trousers in the workplace.) Dress codes must not be a source of harassment by colleagues or customers. Transgender employees should be allowed to follow the organisation’s dress code in a way which they feel matches their gender identity. Any dress code must take into account any health and safety implications.

Despite this, it is hoped that the new guidelines will provide some further clarity around discriminatory dress codes for both employers and employees.

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