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The guidance also covers dress codes, religious symbols and disabilities.
If an employee refuses to comply with a dress code, the employer should meet with the employee to discover what objections they have to the dress code.
Jump to Dress codes - An employer should draft its dress code carefully and consider requests for changes sympathetically. It should avoid being too prescriptive in the application of a dress code and consider circumstances on a case-by-case basis.
Employers that wish to enforce a dress code that requires male employees to keep their hair short should be aware that such a rule could be held to be discriminatory.
Dress codes are permissible provided that they do not give rise to unlawful discrimination. There should be sufficient flexibility in a dress code to allow employees to comply with their religious or belief convictions.
In May 2018, the Government Equalities Office published Dress Codes and sex discrimination - what you need to know to provide further guidance for employers that set dress codes for employees and job applicants.
There have been some cases where employers have been found to have discriminated against women for requiring the wearing of skirts where the employer has not had an even-handed dress code policy for both sexes.
Employers that wish to enforce a dress code that prohibits male employees from wearing earrings should be aware that such a rule could be held to constitute sex discrimination.
A continued refusal to comply with the employer's dress code may lead to a fair dismissal of the employee on the grounds of misconduct or "some other substantial reason".
A dress code that distinguishes between the sexes as to what jewellery may be worn in the workplace might also constitute sex discrimination.
Wherever possible, where an employee's religion requires them to observe a particular dress code, such as the wearing of a kirpan, this should be respected by the employer.
Employers should adopt a dress code that outlines the standards of dress required, and states any requirement to wear a uniform. The needs of certain groups of employees must be considered. For example, some women are required by their religion to cover their legs or heads.
The employer had subsequently decided to amend its dress code to allow more flexibility and permit the open wearing of religious jewellery.
Jump to Dress codes - If there is a dress code, the employer and employee should discuss whether or not any flexibility is required during the transition process and, if it is, agree what form this should take and over what time period.
Practical tips Many employers operate a dress code to set standards about what it is appropriate for employees to wear to work. However, it is important that a dress code avoids prescriptive requirements and is applied sensitively and flexibly.
Guidelines on this could be set out in a dress code policy, or a policy on political activities in the workplace.
To manage expectations, it is advisable for employers to have a dress code policy in place.
Our employment tribunal round-ups bring together recent decisions on HR topics and provide practical tips for employers based on each case.
authorities in Wales Employment information, pay differences and staff training: a guide for listed public authorities in Wales Procurement: a guide for listed public authorities in Wales Annual reporting, publishing and ministerial duties: a guide for listed public authorities in Wales Dress and appearance Dress codes
Jump to Classism and "professionalism": challenging unconscious bias - A strong example of unconscious bias pertaining to social class is in the previously mentioned definition of professionalism, and how it is propagated through workplace dress codes.