Discriminatory dress codes


An inquiry into high heels and workplace dress codes was triggered by a petition launched by a temporary agency worker, Nicola Thorp, who was sent home from work without pay for refusing to wear shoes with two-to-four-inch heels.


Her petition calling on the government to make it illegal for a company to require women to wear high heels at work attracted more than 150,000 signatures. Hundreds of women subsequently provided information about discriminatory dress codes to a joint inquiry carried out by the Parliamentary Petitions and Women and Equalities select committees. In addition to being forced to wear high heels, women workers told the inquiry they had also been required to dye their hair blond, to wear revealing outfits such as short skirts and low-fronted or unbuttoned tops, and to constantly reapply make-up. 


The committees found that requirements for women to wear high heels at work, and other discriminatory dress codes, are widespread. They found hotels and tourism, travel and airlines, temporary work agencies, corporate services, retail and hospitality were particular problem areas, and that young women were particularly affected by these requirements. According to evidence provided by the College of Podiatry, “there is a strong body of evidence that significantly indicates the medical and disabling effects of wearing a high heel shoe over a prolonged amount of time”.


Responding to the inquiry findings, the government rejected a call for a new law to make it illegal for employers to require women workers to wear high heels, but it said it would publish new guidance making clear that both equality and health and safety laws apply to workplace dress codes. 


In May 2018, the government published new guidance, Dress codes and sex discrimination — what you need to know. 


This makes clear that: 


• dress policies for men and women do not have to be identical, but standards imposed should be equivalent. Dress codes must not be a source of harassment by colleagues or customers, such as women being expected to dress in a provocative manner;


• it is best to avoid gender specific prescriptive requirements, for example, the requirement to wear high heels. Any requirement to wear make-up, skirts, have manicured nails, certain hairstyles or specific types of hosiery is likely to be unlawful. It further advises: “A dress code could be unlawful, for example, if it requires female employees to wear high heels, with all the discomfort and inherent health issues these can cause, because it treats women less favourably than men”; and 


• consulting employees and trade unions over any proposed dress code or changes to an existing code will help ensure that the code is acceptable to both the organisation and its staff.


With regard to health and safety it adds: “When setting a dress code, employers should have regard to any health and safety implications. For example, if an employer requires staff to wear particular shoes (as part of a dress code rather than for personal protective equipment purposes), then they should consider whether this may make staff more prone to slips and trips or injuries to the feet.”