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Dress codes
[ch 5: page 42]Dress codes and uniforms can be discriminatory if the employer imposes a requirement that disadvantages one group. Ideally, employers should be as flexible with their dress codes as practically possible.
But there has been much controversy around the display of religious belief through clothes and jewellery and moves by some employers to ban this.
The European Court of Human Rights (ECHR) has ruled that workers have the human right to display their individual faith in the workplace, but that this right has to be balanced alongside the employer’s need to achieve legitimate aims, such as protecting workplace health and safety.
The EHRC employment statutory code states:
To avoid indirect discrimination, employers should make sure that any dress rules can be justified as a proportionate means of achieving a legitimate aim such as health and safety considerations.It is good practice for employers to consult with workers as to how a dress code may impact on different religious or belief groups, and whether any exceptions should be allowed – for example, for religious jewellery.
https://www.equalityhumanrights.com/sites/default/files/employercode.pdf