Dress codes

Dress codes can discriminate if the employer imposes a requirement that disadvantages one group. In Department for Work and Pensions v Thompson EAT/0254/03, the EAT said requiring men to wear ties is not necessarily discriminatory. It is lawful to impose rules regarding the wearing of specific items of clothing on one sex to promote “smartness”, as long as the same standard of smartness is applied to both sexes.

There have been recent significant decisions of the European Court of Human Rights on dress at work in the context of religious observance. These are discussed on pages 169-170. Most employers try to adopt a flexible and collaborative approach to dress codes when it comes to respecting religious beliefs. In 2013, the EHRC produced new guidance on dress codes and religious observance. You can find it on their website (www.equalityhumanrights.com/sites/default/files/documents/RoB/religion_or_belief_in_the_workplace_a_guide_for_employers.pdf).