There has been a recent flurry of termination of employment relationships, as a result of disregard for employers’ dress codes put in place to promote health and safety.
Three postmen were dismissed by Royal Mail after failing to wear cycle helmets. This action has been criticised as heavy-handed and an attempt to cut costs rather than promote health and safety. Read more on the Daily Express website.
Helen Slatter, a phlebotomist at Gloucestershire Hospitals NHS Foundation Trust, resigned after being asked by her employer to remove a crucifix she wore around her neck. The Trust’s uniform policy prohibits the wearing of necklaces for the health and safety of patients and staff.
Ms Slatter says that she was told she would be sent home if she continued to wear her crucifix and that she was not willing to choose between her religion and her job, according to the Telegraph website. The Trust has denied that the issue was one of religion but this case does raise questions of religious discrimination.
Employers with a dress code should ensure that there is a real justification for the prohibition, as employment tribunals may examine the justification given, such as health and safety, in detail.
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Comments (4)
You cannot compare the health and safety rules at a hospital to that of post office dress code - It has nothing to do with descrimination - banning necklaces - regardless of what significance the necklace would have for the wearer - forms a tiny part of a range of measures to prevent contamination and infection for patients - I for one would rather staff adhere to these rules than risk (however small a risk that may be) the health of an immuno-compromised patient.
Posted by Sarah | July 6, 2009 5:02 PM
Posted on July 6, 2009 17:02
Thank you very much for your comment Sarah. The issue of dress codes is interesting and necessitates a balanced approached by employers. There are a range of permissible justifications, including health and safety (in particular where there is a risk to others), hygiene and maintaining the corporate image. However, recent highly publicised case law shows that in putting together and enforcing dress codes, employers should bear in mind what is suitable and necessary.
Posted by Bar Huberman
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July 7, 2009 9:35 AM
Posted on July 7, 2009 09:35
You're right Bar on emphasizing "justification". I wear Adar uniforms almost everyday along with some accessories. Honestly, I'm happy that the hospital administration gives us this freedom, but if they'll give us justification to in case they want no jewelry at work, I will submit to the dress code without complain.
Posted by macy | July 10, 2009 7:12 PM
Posted on July 10, 2009 19:12
Thank you Macy. Consulting employees prior to introducing or amending a dress code may bring about a compromise or help employees to understand the reasoning behind a rule.
Posted by Bar Huberman
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July 14, 2009 4:42 PM
Posted on July 14, 2009 16:42