Acas dress code: help for employers

In September 2014 Acas published guidance on dress codes and tattoos and body piercings. This guidance will help employers and their advisers in an area that has previously led to employment tribunal claims.

The key points of the code are:

• “Employers must avoid unlawful discrimination in any dress code policy.
• Employers may have health and safety reasons for having certain standards.
• Dress codes must apply to both men and women equally, although they may have different requirements.
• Reasonable adjustments must be made for disabled people when dress codes are in place.”

The guidance covers why a dress code is important, and stresses the role of consultation with staff to ensure that the code is reasonable and acceptable. Acas believes this will ensure that it is followed, but crucially will allow for disciplinary action if an employee ignores the code.

Employers sometimes require customer-facing staff to remove piercings and cover tattoos. The guidance advises that employers should consider the business case for this and that the dress code is communicated to all. The application of the code in a consistent manner is important in preventing discrimination claims.

The issues surrounding religious dress and symbols are more difficult, and reference to the key points (above) is essential. Acas has also published Religion or belief and the workplace – a guide for employers and employees, which gives further information on this issue.