Changing and storing clothing

Employers must provide suitable and adequate facilities for storing clothing not worn during working hours, and for clothing worn at work but not taken home (Regulation 23). Such accommodation must be secure, in a suitable location and, so far as is reasonably practicable, include drying facilities. For changing clothing, it should be “easily accessible, of sufficient capacity and provided with seating” (Regulation 24). The ACOP and guidance says facilities should be accessible from workrooms and eating facilities and ensure the occupier’s privacy. Where special clothing must be worn at work and where workers remove more than outer clothing, changing facilities should be provided.

In Post Office v Footitt [2000] IRLR 243, the High Court held that “special clothing” is “any clothing which would not ordinarily be worn other than for work and which is designed to relate to the employee’s work, such as a distinctive uniform” and is not restricted to clothing worn only at work. Clothing worn while travelling to and from work could still be special clothing within the meaning of Regulation 24. The Court also said that the concept of propriety is not confined to gender. In this case, women postal workers could change in the women’s toilet area, but this meant they had to undress in front of other women. The employers had appealed against an improvement notice requiring them to provide a separate changing room for women postal workers.